DRAFT ENVIRONMENTAL ASSESSMENT KAW WILDLIFE MANAGEMENT AREA GUN RANGE KAY COUNTY, OKLAHOMA

Prepared for:

U. S. Army Corp of Engineers Tulsa District 1645 South 101st East Avenue Tulsa, OK 74128 and

U. S. Fish and Wildlife Service Wildlife & Sport Fish Restoration Program – USFWS Region 2 PO Box 1306 Albequerque, New Mexico 87103

Prepared by: Enercon Services

1601 Northwest Expressway Oklahoma City, OK 73118 (405) 722-7693

October 2019

TABLE OF CONTENTS

1.0 AUTHORITY, PURPOSE, AND SCOPE ...... 1 1.1 Authority ...... 1 1.2 Project Purpose, Need, and Scope ...... 1 1.2.1 Background ...... 1 1.2.2 Purpose ...... 2 1.2.3 USACE Need ...... 2 1.2.4 USFWS and Applicant Need ...... 3 2.0 ALTERNATIVES ...... 3 2.1 No Action Alternative ...... 3 2.2 Alternative 1 (Proposed Action) ...... 3 2.3 Alternatives Considered but Eliminated from Detailed Study ...... 3 Alternative 2 ...... 3 Alternative 3 ...... 4 Alternative 4 ...... 4 3.0 PROPOSED ACTION ...... 4 3.1 Project Description ...... 4 4.0 AFFECTED ENVIRONMENT ...... 5 4.1 General Environmental Setting ...... 5 4.2 Description of Affected Resources ...... 6 4.2.1 Social and Economic ...... 6 4.2.2 Cultural Resources ...... 8 4.2.3 Air Quality ...... 9 4.2.4 Hazardous Waste and Materials ...... 9 4.2.5 Vegetative Communities and Structure ...... 9 4.2.6 Terrestrial and Aquatic Wildlife ...... 10 4.2.7 Migratory Birds and Bald Eagles ...... 10 4.2.8 Threatened and Endangered Species ...... 11 4.2.9 Wetlands and Surface Waters ...... 13 4.2.10 Surface Water Quality ...... 13 4.2.11 Groundwater ...... 14

4.2.12 Floodplain ...... 14 4.2.13 Soils and Topography ...... 15 4.2.14 Recreation ...... 16 4.2.16 Visual Resources and Aesthetics ...... 16 4.2.17 Noise ...... 16 4.2.18 Health and Human Safety ...... 16 5.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION ...... 17 5.1 Social and Economic Impacts ...... 17 Alternative 1 ...... 17 No Action Alternative ...... 17 5.1.1 Environmental Justice (Executive Order 12898) ...... 17 Alternative 1 ...... 17 No Action Alternative ...... 18 5.2 Impacts to Cultural Resources ...... 18 Alternative 1 ...... 18 No Action Alternative ...... 18 5.3 Impacts to Air Quality ...... 19 Alternative 1 ...... 19 No Action Alternative ...... 19 5.4 Hazardous Waste Generation and Disposal ...... 19 Alternative 1 ...... 19 No Action Alternative ...... 20 5.5 Impacts to Vegetative Communities and Structure ...... 21 Alternative 1 ...... 21 No Action Alternative ...... 21 5.6 Impacts to Terrestrial and Aquatic Wildlife ...... 21 Alternative 1 ...... 21 No Action Alternative ...... 23 5.7 Impacts to Migratory Birds and Eagles ...... 23 Alternative 1 ...... 23 No Action Alternative ...... 23 5.8 Impacts to Threatened and Endangered Species ...... 23

Alternative 1 ...... 23 No Action Alternative ...... 24 5.9 Impacts to Wetlands and Surface Waters ...... 24 Alternative 1 ...... 24 No Action Alternative ...... 24 5.10 Impacts to Surface Water Quality ...... 24 Alternative 1 ...... 24 No Action Alternative ...... 26 5.11 Impacts to Groundwater ...... 26 Alternative 1 ...... 26 Potential Effects During Operation ...... 26 No Action Alternative ...... 27 5.12 Impacts to Floodplain ...... 27 Alternative 1 ...... 27 No Action Alternative ...... 27 5.13 Impacts to Soils and Topography ...... 27 Alternative 1 ...... 27 No Action Alternative ...... 29 5.14 Impacts to Recreation ...... 29 Alternative 1 ...... 29 No Action Alternative ...... 30 5.15 Impacts to Visual Resources ...... 30 Alternative 1 ...... 30 No Action Alternative ...... 30 5.16 Noise Impacts ...... 30 Alternative 1 ...... 30 No Action Alternative ...... 31 5.18 Impacts to Health and Human Safety ...... 31 6.0 CUMULATIVE IMPACTS ...... 32 6.1 Relevant Past, Present, and Reasonably Foreseeable Actions ...... 33 6.1.1 Relevant Past, Present, and Reasonably Foreseeable Actions ...... 33 7.0 MITIGATION PLAN ...... 33

8.0 FEDERAL, STATE, AND LOCAL AGENCY COORDINATION ...... 35 9.0 PUBLIC INVOLVEMENT ...... 36 10.0 APPLICABLE ENVIRONMENTAL LAWS AND REGULATIONS ...... 36 11.0 LIST OF PREPARERS ...... 37 12.0 REFERENCES ...... 38

LIST OF TABLES

Table 1. Average season opening vehicle counts for the Kaw Lake WMA...... 2 Table 2. Population Characteristics ...... 7

Table 3. Employment and Income ...... 7

Table 4. Birds of Conservation Concern that May Occur Within the Project Area ...... 11

Table 5. Federally Listed Threatened And Endangered Species Listed Within Kay County, Oklahoma* .. 12

Table 6. Soils Mapped within the Project Study Area ...... 15

Table 7. Biological Conclusions For Federally Threatened And Endangered Species Listed For The Project Area ...... 24

Table 8. Sound pressure levels of firearms measured at 10 meters from the muzzle downrange.1 ...... 31

Table 9. Applicable Environmental Laws, Regulations, and Policies Considered ...... 36

Table 10. List of Preparers ...... 37

LIST OF FIGURES Figure 1: Vicinity Map Figure 2: Proposed Project Service Area Figure 3: Project Site Map Figure 4: Soil Survey Map Figure 5: Topographic Map Figure 6: FEMA Floodplain Map Figure 7: Maximum Sound Pressure Relative to USACE Boundary

APPENDICES

Appendix A - Phase I Environmental Site Assessment

Appendix B – Baseline Soil Investigation Lab Results

Appendix C – Local, State, and Federal Agency Correspondence

Appendix D - USFWS IPaC Report

Appendix E – Representative Site Photographs

Appendix F - USFWS Nationwide Standard Conservation Measures

Appendix G - Region 2 Suggested Conservation Actions for Projects to Avoid or Minimize Potential for Take of Protected Species of Migratory Birds

1.0 AUTHORITY, PURPOSE, AND SCOPE The U.S. Fish and Wildlife Service (USFWS) and the Oklahoma Department of Wildlife Conservation’s (ODWC) have prepared this draft Environmental Assessment (EA) to evaluate the proposal to build a gun range (Proposed Project), which would be located in Public Land Survey Section 23, Township 28 North, Range 3 East, in Kay County, Oklahoma (Figure 1). Development of the proposed range is part of a collaborative effort between ODWC and the USFWS to provide new recreational opportunities on public lands within the state of Oklahoma. Grant funding for the range will be provided through the USFWS Wildlife and Sport Fish Restoration (WSFR) Program. This federal grant program provides funds to state fish and wildlife agencies for projects to restore, conserve, manage, and enhance wild birds and mammals and their habitats. Projects also include providing public use and access to wildlife resources, hunter education, and development and management of ranges. The program is authorized by the Wildlife Restoration Act (Pittman-Robertson) of 1937. The proposed project will be located on U.S. Army Corps of Engineers fee owned lands currently licensed to ODWC; therefore, construction will require USACE review under National Environmental Policy Act (NEPA)(Proposed Action).

A detailed description of the proposed action is contained in Section 3.0 – Proposed Action.

1.1 Authority The National Environmental Policy Act of 1969 (Public Law 91-190) requires all federal agencies to address the environmental impacts of any major Federal action on the natural and human environment. Procedures for complying with NEPA that apply to all federal agencies are contained in Title 40 of the Code of Federal Regulations (CFR), Parts 1500 through 1508, and implementing regulations that apply specifically to USACE are described in USACE Engineering Regulation (ER) 200-2-2, Procedures for Implementing NEPA. The primary intent of NEPA is to ensure that environmental information is considered in decisions on Federal actions and that the information be made available to the public. Table 8 in Section 9.0 lists all applicable environmental laws, regulations, and policies considered in preparation of this document.

Grant funding for the range will be provided through the USFWS WSFR Program. Additionally, construction of the proposed project would occur on USACE fee owned lands. Thus, to comply with NEPA and related environmental laws and regulations, the USACE and USFWS must thoroughly consider the potential environmental effects of its decisions regarding approval of projects and avoid and minimize adverse environmental effects to the extent practicable.

1.2 Project Purpose, Need, and Scope 1.2.1 Background Hunting is a very important part of Oklahoma’s economy and is a tradition for many Oklahomans. Prior to 2016, target practice was permitted in wildlife management areas. In 2016, Oklahoma passed a regulation that prohibited shooting on wildlife management area property other than at designated shooting ranges. Currently, of the 67 ODWC wildlife management areas, only 12 have shooting ranges. Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 1 of 40

ODWC currently receives multiple calls a week from members of the public looking for a safe and legal place to shoot their firearms.

ODWC plans to construct the proposed project within a 13.8-acre area on the USACE Lake Kaw property. The site is located south of E 1090 Road, and approximately 640 feet north of the intersection of North Silverdale Lane and East River Road.

The proposed project is located within a geographically isolated area of Oklahoma. The proposed project will serve the population living within a 50 mile radius, including portions of Osage, Kay, Grant, Garfield, Noble, Payne & Pawnee Counties, Oklahoma (Figure 2). Based on available census data, the population within 50 miles of the project is approximately 92,627 people. Although data on typical daily WMA use is not available, based on vehicle counts conducted on the average number of vehicles observed during opening day of dove, quail, and deer hunting seasons, the WMA is accessed by up to 165 vehicles during peak periods (Table 1) (ODWC personal communication on January 8, 2019).

Table 1. Average season opening vehicle counts for the Kaw Lake WMA. Hunting Season Average First Morning Vehicle Counts Deer (gun) 165 Quail 85 Dove 20 Deer (Muzzleloader) 88

Based on the National Shooting Sports Foundation data, one other shooting range is located within 80 miles of the proposed project location (NSSF 2018). The range is part of a private facility, accessible to members only. No shooting ranges accessible to the general public appear to be available within a 50 mile radius of the proposed project. The proposed project will provide Oklahoma residents with valid hunting licenses free access to a publicly accessible shooting range.

This EA will address potential impacts stemming from the construction and operation of the proposed Kaw WMA Shooting Range.

1.2.2 Purpose The purpose of the proposed action is to allow the applicant, ODWC, to construct a shooting range on USACE fee owned lands that would provide a safe setting for shooting rifles, handguns, and shotguns for the public. The shooting range will provide opportunities for marksmanship practice, live-fire exercises in Hunter Education (HE) classes, and a safe place for hunters to sight in rifles and pattern shotguns before hunting seasons.

1.2.3 USACE Need The USACE’s consideration for the project is to fulfill its responsibilities under several Federal laws and regulations, including Title 10 U.S. Code, Subtitle A, Chapter 159, Section 2668, which provides that

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granted easements must not be contrary to the public interest and that no easement may be granted for more land than is necessary for the project purpose.

1.2.4 USFWS and Applicant Need The proposed project is located within a geographically isolated area. Target shooting is not legal on public hunting land outside of designated areas, and opportunities for firearm training in a controlled environment are not currently available within this region of Oklahoma. The project is needed to provide access to a quality facility for firearms training, wildlife education, and recreational shooting in a safe and controlled environment.

2.0 ALTERNATIVES 2.1 No Action Alternative The Council on Environmental Quality (CEQ) regulations implementing the provisions of NEPA require Federal agencies to consider a "no action" alternative. These regulations define the "no action" alternative as the continuation of existing conditions and their effects on the environment, without implementation of, or in lieu of, a proposed action. Under the no action alternative, the requested easement would not be approved and the proposed project would not be constructed. This alternative represents the existing condition and serves as the baseline against which to compare the effects of the other alternatives. The no action alternative would retain the existing conditions and would not result in any additional project- related environmental impacts for consideration. The proposed action alternative is evaluated in all respects, in comparison to the no action alternative.

2.2 Alternative 1 (Proposed Action) The proposed action consists of approving construction and operation of a shooting range (proposed project) on USACE fee owned lands in the southeast quarter of Section 23, Township 28 North, Range 3 East, Kay County. The proposed action will require approval for construction on 13.8 acres located on USACE Kaw Lake property.

2.3 Alternatives Considered but Eliminated from Detailed Study Alternative 2 This alternative is the same in all respects to Alternative 1; however, the site would be located in a parcel located in the southeast quarter of Section 30, Township 27 North, Range 5 East, Kay County. Although the site is similar to Alternative 1, safe orientation would be limited to firing from the northeast to the southwest. The preferred orientation is firing from south to north, which provides the least interference from natural light in the shooter’s eyes (NRA 2012). Additionally, Alternative 2 posed a higher risk of adverse impacts due to the proximity of residential structures, a frequently utilized camp ground and off road vehicle use area, and frequent use of the Alternative 2 site by hunters seeking quail, turkey, and white tailed deer. Thus, Alternative 2 was eliminated from detailed consideration.

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Alternative 3 This alternative is the same in all respects to Alternative 1; however, the site would be located in a parcel located in the northwest quarter of Section 24, Township 29 North, Range 3 East, Kay County. Although this site is similar to the Alternative 1 site, it receives river surge during heavy rain events which increases the risk for mobilization of lead particles and shot. County roads that provide access to this site are subject to closing due to high lake levels. In addition, this alternative is located within a tract leased for agricultural production. Agricultural and grazing lease revenue makes up 100% of Kaw WMA’s annual budget; therefore, this Alternative would negatively impact annual revenue. Additionally, Alternative 3 poses a higher risk of adverse impacts to recreation users as the site is frequently utilized by hunters for white tail deer, turkey and quail. Thus, Alternative 3 was eliminated from detailed consideration.

Alternative 4 This alternative is the same in all respects to Alternative 1; however, the site would be located in a parcel located in the southwest quarter of Section 16, Township 27 North, Range 5 East, Kay County. This site is located in a grazing lease and within the largest contiguous piece of native tall grass prairie on the WMA. Agricultural and grazing lease revenue makes up 100% of Kaw WMA’s annual budget; therefore, this Alternative would negatively impact annual revenue. Additionally, Alternative 4 would result in adverse impacts to a unique vegetative community (native tall grass prairie) within the WMA.

Alternative 4 posed a higher risk of adverse impacts due to the presence of residential structures and frequent use of the Alternative 4 site by hunters seeking quail, turkey, waterfowl and white tailed deer. Additionally, there are concerns regarding reliable access to the site due to poorly maintained roads that often cannot be accessed using small vehicles. Thus, Alternative 4 was eliminated from detailed consideration.

3.0 PROPOSED ACTION The proposed action consists of approving an easement on the USACE Lake Kaw property for the construction and operation of a shooting range (proposed project). The proposed project will be located in the southeast quarter of Section 23, Township 28 North, Range 3 East; GPS location: N 36.884825°, W -96.942258° (Figure 1).

3.1 Project Description The proposed project would provide 13 shooting stations with six oriented in front of the 100-yard range centered with 12-foot spacing; four oriented in front of the 50-yard range centered with 12-foot spacing; and three oriented in front of the 25-yard range centered with 12-foot spacing. Slab dimensions will be 12 feet by 72 feet centered in the 100-yard range; 12 feet by 48 feet centered in the 50-yard range; and 12 feet by 36 feet centered in the 25-yard range. Each slab will be connected with an ADA-compliant concrete walkway. One archery platform will be constructed using steel materials with opaque walls on sides facing rifle range extending from the floor of the platform to 8 feet in height above the platform floor (Figure 3). Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 4 of 40

The 100-yard, 50-yard, and 25-yard ranges will include earthen backstops. The backstops will be constructed out of both on-site and off-site earthen material. The outer 24 inches of the backstop face will be rock-free up to a height of 20 feet above base of shooting stations with a face not less than a 2:1 slope); there will not be a specified slope for the rear of the backstop. The top of the berm will be a 4- feet-wide flat top. All backstops will be compacted. The toe of the berm facing the lake will be protected with rip-rap to prevent erosion. Additionally, the rear and side face of the backstops, and any disturbed areas, will be seeded with native vegetation to minimize lead migration and erosion during heavy rainfall.

The ground between the shooting platforms and backstop will be smooth, firm, and graded so stormwater drainage will be directed away from the benches and targets and follow the existing drainage pattern to the south-southwest.

Approximately 530 feet of pipe rail fence will be constructed around the perimeter of the parking lot with two 16-foot pipe gates. One entrance gate and one range access gate will allow vehicle access for range maintenance. The gravel parking lot will be 155 feet wide and 123 feet long and will include one ADA- compliant van accessible parking spot.

Construction of the site may require the addition of soil to the project site. Fill material, if required, will be obtained from a sand mining pit operated by the Kay County Commissioners and provided to ODWC under a Memorandum of Agreement (July 27, 2015).

4.0 AFFECTED ENVIRONMENT This section contains a description of resources that could be impacted by the proposed action. The resources described in this section are those recognized by laws, executive orders, regulations, and other standards of national, state, or regional agencies and organizations; technical or scientific agencies, groups, or individuals; and the general public.

4.1 General Environmental Setting The proposed project is located on USACE property in Kay County, Oklahoma (Figure 1). The project study area has a temperate, sub humid climate, typical of the eastern part of Oklahoma with average annual precipitation of about 35 to 39 inches. May and June are the wettest months, on average, but much of the spring through fall season typically receives rainfall (Oklahoma Climatological Survey 2018). Elevation in the project area is approximately 1,050 feet above sea level.

The proposed project is located in the Oscar Group geologic unit. The Oscar Group (Late Pennsylvanian) is composed of shale with many layers of limestones that pinch out southward, where fine-grained arkosic sandstones are thicker and more numerous (USGS 2018a and b). Soil types in the study area consist of Pocasset fine sandy loam (Ca), Dougherty-Eufaula Complex (DxC), and Minco silt loam (Lo) (Figure 4). The proposed project area lies within the Flint Hills ecoregion. This ecoregion is comprised of grass-covered, open, low hills, cuestas, and plains are underlain by cherty limestone and shale (Woods et. al. 2005). The 14-acre study area is comprised of powerline right of way (ROW), upland forest, and floodplain forest. A Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 5 of 40

two-track road extends from the southeast corner of the study area for approximately 654 feet to the center of the study area.

4.2 Description of Affected Resources 4.2.1 Social and Economic For the purposes of this study, the Region of Influence (ROI) for Socioeconomic and Environmental Justice impacts is defined as Kay County, Oklahoma, where the project is located. Socioeconomic and demographic data utilized in this discussion to establish baseline conditions consists of publicly-available information about the ROI, and to provide perspective, the State of Oklahoma.

Kay County, Oklahoma is described as a small county located in the Ponca City, Oklahoma micropolitan area. The population density in Kay County is 47.14 persons per square mile, and the population has been in an overall decline since 2000 when the population was 48,080 persons (NACo 2019 and USCB 2019b). Since the last decennial census in 2010, Kay County has declined by 5.2% from 46,562 persons to an estimated 44,161 persons in 2018 (Table 2). During the same time period the state of Oklahoma has increased its population by 5.1%, from 3,751,351 persons in 2010 to an estimated 3,943,079 persons in 2018 (USCB 2019a).

From 2013 through 2017, Kay County was estimated to have 25.1% of its population under 18 years of age, which is higher than the state of Oklahoma (24.4%). The state of Oklahoma has a slightly higher percentage of persons who have high school diplomas (or higher attainment) than Kay County (87.5% and 86.8%, respectively) (Table 2) (USCB 2019a).

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Table 2. Population Characteristics Kay County Oklahoma 2010 Population Total (Decennial) 46,562 3,751,351 2018 Population Total (Estimate) 44,161 3,943,079 White* 80.6% 74.3% Black or African American* 2.2% 7.8% American Indian and Alaska Native* 10.8% 9.2% Asian* 0.6% 2.3% Native Hawaiian and Other Pacific Islander* 0.4% 0.2% Two or More Races* 5.4% 6.1% Hispanic or Latino* 8.1% 10.6% Poverty (Families) 12.8% 11.8% Poverty (Individual) 17.6% 16.2% Persons under 18 years* 25.1% 24.4% Education - high school graduate or higher, percent of persons age 25 years+, 2013- 2017 estimate 86.8% 87.5% USCB 2019a QuickFacts (*2017 estimates) USCB 2019b AFF Poverty (2013-2017 estimates)

Income

For 2013 through 2017 Kay County had a lower estimated population in the labor force (59.0%) than the state of Oklahoma (60.8%) (Table 3). The median household income for Kay County ($44,067) was lower than the state of Oklahoma ($49,767). Kay County’s per capita income was also lower ($24,057) than the state of Oklahoma ($26,461) (USCB 2019a). In 2018, the state of Oklahoma reported a lower annual average unemployment rate (3.4) than Kay County (4.7) (USBLS 2019). In 2016, the top specialized industry (by employment) in Kay County was state and local government (16.4%); manufacturing (8.2%); construction (7.4%); management and enterprises (1.7%); and forestry and fishing (1.0%) (NACo 2019).

Table 3. Employment and Income Kay County Oklahoma 2018 Unemployment Rate (annual average) 4.7 3.4 Employment Status (civilian population 16 years and over in labor force) 59.0% 60.8% Median household income (in 2017 dollars) $44,067 $49,767 Per capita income in past 12 months (in 2017 dollars) $24,057 $26,461 USBLS 2019 Unemployment Statistics USCB 2019a QuickFacts (2013-2017 estimates)

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4.2.2 Cultural Resources The National Historic Preservation Act (NHPA) of 1966 establishes the Federal government’s policy to provide leadership in the preservation of historic properties and to administer federally owned or controlled historic properties. Section 106 of the NHPA requires Federal agencies to identify and assess the effects of project actions on cultural resources. Section 106 applies to projects that receive federal funding, licensing, or permitting, requires federal agencies to consider the effects of their undertakings on historic properties, and affords the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment. The historic preservation review process mandated by Section 106 is outlined in regulations issued by ACHP.

A cultural resources investigation was completed by an archaeologist meeting the U.S. Secretary of the Interior’s Professional Qualification Standards for archaeology as set forth in 36 CFR 61. Prior to fieldwork, the National Register of Historic Places (NRHP) and the Oklahoma State Historic Preservation Office (SHPO) Determination of Eligibility (DOE) lists were reviewed. No cultural resources listed on the NRHP are located within 1 mile of the area of potential effects (APE). One cultural resource, the Wolf Creek Bridge, was identified in the SHPO DOE-listings within 1 mile of the APE. The Wolf Creek Bridge DOE#36N3390E0090002 is located over 4,660 feet from the APE.

A file search of available records at the Oklahoma Archeological Survey (OAS) concerning the location of address-restricted and previously recorded cultural resource sites within 1 mile of the APE was conducted on January 31, 2019. One previously recorded site, 34KA56, is located within the APE. An additional eight previously recorded sites are located within 1 mile of the APE. The closest of these sites, 34KA65, is located approximately 4,220 feet from the APE.

Fieldwork was conducted on May 6 and 15, 2019 by archeologists Matthew Oliver and Cody Kiker and consisted of an intensive pedestrian survey utilizing transects not spaced greater than 15 m apart with shovel tests. All aspects of the project were supervised by Gary Edington, an ENERCON archeologist who meets the U.S. Secretary of the Interior’s Professional Qualification Standards for archeology as set forth in 36 CFR 61. The fieldwork and reporting were conducted in accordance with the OAS and the SHPO standards for the purpose of fulfilling the requirements of Section 106 of the NHPA of 1966, as amended in 2006 (16 U.S.C. 470 et seq.), the NEPA of 1969 (42 U.S.C. 4321 et seq.), and E.O. 11593.

The cultural resources survey of the proposed Kaw WMA Gun Range APE resulted in the observation of one isolated find (IF). IF#1 consists of a non-diagnostic concrete slab fragment. IF#1 lacks integrity and significant information potential and is not eligible for listing to the NRHP. Site 34KA56 was revisited during the cultural resources survey and no cultural material was observed on the surface or recovered from approximately 40 shovel tests within the site.

The cultural resources survey did not result in the observation of any additional historic or prehistoric artifacts, features, cultural lenses, or sites over 50 years of age. The cultural resources report was submitted to OAS, SHPO, and Tribes with interests in Kay County, Oklahoma (Appendix C).

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4.2.3 Air Quality The Clean Air Act (CAA) was established in 1970 (42 U.S.C. § 7401 et seq.) to reduce air pollution nationwide. The US Environmental Protection Agency (EPA) has developed primary and secondary National Ambient Air Quality Standards (NAAQS) under the provisions of the CAA. The EPA classifies the air quality within an air quality control region (AQCR) according to whether the region meets or exceeds federal primary and secondary NAAQS. An AQCR or a portion of an AQCR may be classified as being in attainment, non-attainment, or it may be unclassified for each of the seven criteria pollutants (carbon monoxide, lead, nitrogen dioxide, coarse particulates, fine particulates, ozone, and sulfur dioxide).

The proposed action is not located within an Environmental Protection Agency (EPA) designated non- attainment area for air quality standards (EPA 2019). The closest residence is approximately 0.95 mile east of the project area. No sensitive receptors (hospitals, schools, daycare facilities, elderly housing and convalescent facilities) are located within 1 mile of the project area.

4.2.4 Hazardous Waste and Materials Hazardous substances are defined as any solid, liquid, contained gaseous or semisolid waste, or any combination of wastes that pose a substantial present or potential hazard to human health and the environment. Hazardous substances are primarily generated by industry, hospitals, research facilities, and the government. Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies, and the contamination of surface water and soil. The primary federal regulations for the management and disposal of hazardous substances include the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA).

A Phase I Environmental Site Assessment (ESA) was completed for the proposed project area in February 2019 (Appendix A). Based on the Phase I ESA no hazardous and toxic materials are currently being generated within or adjacent to the proposed project area. The Phase I ESA determined that there was no evidence of Recognized Environmental Conditions (RECs), Controlled RECs (CRECs), Historical RECs (HRECs), or Vapor Encroachment Conditions (VECs) in connection with the subject property.

Additionally, a Baseline Soil Investigation (BSI) was conducted on August 1, 2019 to document baseline levels of chemicals of concern in surficial soils typically associated with gun ranges (Appendix B). The chemicals of concern were arsenic, copper, lead, and antimony. The detected concentrations of chemicals of concern were less than the EPA regulatory limits for Industrial Soil. Additionally, three of the four chemicals of concern were less than the EPA regulatory limits for Residential Soil. One chemical of concern, arsenic, exceeded the EPA regulatory limit for Residential Soil; however, it was within the EPA Naturally Occurring Inorganic Background Level range.

4.2.5 Vegetative Communities and Structure Based on site reconnaissance, the proposed project area is comprised of powerline ROW, floodplain forest, and upland forest. The powerline ROW is located adjacent to North Silverdale Lane and is subject Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 9 of 40

to occasional mowing and removal of woody vegetation. Dominant vegetation consists of johnsongrass (Sorghum halepense) and little bluestem (Schizachyrium scoparium).

The upland forest habitat is located in the northeast portion of the study area. Dominant vegetation consists of blackjack oak (Quercus marilandica), post oak (Quercus stellata), poison ivy (Toxicodendron radicans), greenbriar (Smilax spp.), eastern redcedar (Juniperus virginiana), and sumac (Rhus spp.)

The floodplain forest is located within the Arkansas River floodplain. Dominant vegetation consists of chinquapin oak (Quercus muehlenbergii), hackberry (Celtis laevigata), American elm (Ulmus americana), grapevine (Vitis rotundifolia), and black locust (Robinia pseudoacacia).

No unique or rare plants or plant communities were observed within the project area.

4.2.6 Terrestrial and Aquatic Wildlife The Fish and Wildlife Coordination Act requires consultation with the U.S. Fish and Wildlife Service and the fish and wildlife agencies of states where the "waters of any stream or other body of water are proposed or authorized, permitted or licensed to be impounded, diverted, or otherwise controlled or modified" by any agency under a federal permit or license. Consultation is to be undertaken for the purpose of "preventing loss of and damage to wildlife resources."

Habitat within the project area is comprised of powerline ROW, upland forest, and floodplain forest. Aquatic habitat (wetlands or surface waters) are not present within the project area. Terrestrial wildlife most likely to occur within the project are raccoons (Procyon lotor), foxes (Vulpes spp.), coyotes (Canis latrans), opossums (Didelphis marsupialis), bobcats (Lynx rufus), bobwhite quail (Colinus virginianus), and a variety of snakes, lizards, and rodents.

4.2.7 Migratory Birds and Bald Eagles Bald and golden eagles are protected under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA). These acts do not provide the same level of protection as the ESA, but protect eagles from take of their offspring, eggs, parts, or nests. These acts also protect the bald eagle from direct harm. The MBTA and BGEPA are enforced by the USFWS.

The MBTA makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. There are no provisions for allowing the take of migratory birds that are unintentionally killed or injured. Any person or organization who plans or conducts activities that may result in the take of migratory birds is responsible for complying with the appropriate regulations and implementing appropriate conservation measures.

Kaw Lake and the Arkansas River provide suitable foraging habitat for bald eagles; therefore, nesting eagles may use large trees within the project area and the immediate vicinity. ONHI records indicate one known bald eagle occurrences within Section 23, Township 28 North, Range 3 East. An additional Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 10 of 40

occurrence is documented west of the project area in Section 22, Township 22 North, Range 3 East. In 2016 ODWC conducted a helicopter survey to identify potential eagle nests. One nest was identified within approximately 0.5 mile southwest of the project area. On January 14, 2019 ODWC staff verified that the nest is still present.

Suitable bald eagle nesting habitat is also present in the project study area and the immediate vicinity; however, no bald eagles or eagle nests were observed during the field evaluation conducted on January 31, 2019.

Based on the USFWS IPaC system data, five migratory birds of conservation concern have the potential to occur within the project area (Appendix D). Four of these species have the potential to nest within the project study area: red-headed woodpecker (Melanerpes erythrocephalus) , Kentucky warbler (Oporornis formosus), prothonotary warbler (Protonotaria citrea), and wood thrush (Hylocichla mustelina). However, the prothonotary warbler is an uncommon breeder in Oklahoma (Table 4).

Table 4. Birds of Conservation Concern that May Occur Within the Project Area Suitable Suitable Nesting Species Habitat Present Habitat Present Breeding Season Red-headed woodpecker Yes Yes May 10 to September 10 (Melanerpes erythrocephalus) Bobolink (Dolichonyx No NA1 NA1 oryzivorus) Kentucky Warbler (Oporornis Yes Yes April 20 to August 20 formosus) Prothonotary Warbler Yes Yes2 April 1 to July 31 (Protonotaria citrea) Wood Thrush (Hylocichla Yes Yes May 10 to August 31 mustelina) 1- This species does not breed in Oklahoma; 2- Uncommon breeder in Oklahoma

4.2.8 Threatened and Endangered Species The Endangered Species Act (ESA) of 1973 prohibits any person from taking (harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, relocating, or collecting or attempting to engage in any such conduct) any federally listed threatened or endangered species. Significant habitat modification or degradation that results in death or injury to federally protected species by significantly impairing behavioral patterns such as breeding, feeding or sheltering is also prohibited. Administration and enforcement of the ESA are the responsibilities of the Department of the Interior U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service.

The ESA directs all federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the ESA. Section 7 of the ESA, called "Interagency

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Cooperation," is the mechanism by which federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species. The project as proposed crosses property owned by the USACE. Activities on USACE property that may affect federally listed threatened and endangered species are subject to Section 7 consultation requirements.

An official species list was obtained through USFWS online IPaC decision support system (Appendix D) (USFWS 2019). The proposed project area was evaluated for federally threatened and endangered species habitat on January 31, 2019. Table 5 presents the threatened and endangered species listed for Kay County.

Table 5. Federally Listed Threatened And Endangered Species Listed Within Kay County, Oklahoma* Species Federally Listing Suitable Habitat Present interior least tern (Sterna endangered no antillarum athalassos) piping plover (Charadrius melodus) threatened no red knot (Calidris canutus rufa) threatened no whooping crane (Grus Americana) endangered no

The interior least tern is a migratory resident of Oklahoma and typically nests on islands or sandbars along large rivers. For reproductive success, interior least terns require sandy areas that are mostly clear of vegetation and water levels low enough to prevent inundation of nests. Interior least terns are piscivorous and prefer shallow water for foraging. In Oklahoma the interior least tern has been known to nest within the Salt Plains National Wildlife Refuge and along the Arkansas, Cimarron, Canadian, and Red Rivers (USFWS 2011a and 2011b). Suitable habitat for the interior least tern is not present within the project area; however, the Arkansas River may provide suitable habitat in the project vicinity.

In Oklahoma, the piping plover is a transient species observed during migration along drier portions of broad and sparsely vegetated sand or gravel bars along rivers and reservoirs. This species may also use shallow water mudflats for foraging. While sparse clumps of grass or herbaceous vegetation are an important component for nesting habitat, encroachment of woody vegetation is detrimental to this species. The piping plover migrates through Oklahoma in the spring and fall (USFWS 2011c). Suitable habitat for the piping plover is not present within the project area; however, the Arkansas River may provide suitable habitat in the project vicinity.

The red knot is found along the Atlantic coasts during migration. The red knot will migrate over 9,300 miles per year from wintering grounds in South America (Argentina, Chile, and Brazil) to breeding grounds in Canada. The migration habitat of the red knot consists of sandy tidal flats and coastlines near undeveloped bays and estuaries. Cases of red knots utilizing the Gulf Coast of Texas and traveling through the Great Plains to Canada have occurred. A small number of documented sightings during the migration period are recorded along broad shorelines of rivers and lakes in Oklahoma (USFWS 2013). Suitable habitat for the red knot is not present within the project area; however, the Arkansas River may provide suitable habitat in the project vicinity.

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Whooping cranes migrate through Oklahoma in the spring and fall. During migration, whooping cranes are sometimes sighted along rivers, grain fields, or shallow wetlands. While whooping cranes will use both palustrine and riverine wetland systems during migration stopover, palustrine wetlands are the most commonly used wetlands. Foraging sites are typically upland crop areas, often located within a couple of miles of roosting sites. Distance to foraging fields often depends on type of roost wetland. From palustrine wetland roosts, cropland forage is typically within 0.5 mile. Riverine roost sites are usually located farther from foraging sites. Crop type forage varies by season. During the spring, feeding may occur in row-crop stubble, whereas in fall, feeding occurs mainly of green crops and small grain stubble (USFWS 1992). The project area is located within a portion of migration corridor that accounts for 5% of whooping crane sightings. Suitable habitat for the whooping crane is not present within the project area; however, the Arkansas River may provide suitable habitat in the project vicinity.

4.2.9 Wetlands and Surface Waters Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States. The USACE administers the program, including individual and general permit decisions, and enforcement of Section 404 permit provisions. The USACE is also responsible for verifying jurisdictional determinations. Within Oklahoma, the Oklahoma Department of Environmental Quality (ODEQ) conducts Section 401 certification reviews of projects requiring a Clean Water Act Section 404 permit from the USACE for the discharge of dredged or fill material into waters of the United States.

Numerous definitions of wetlands have been proposed over the years, but presently the USACE technical guidelines for defining wetlands are contained in the USACE 1987 Wetland Delineation Manual and regional supplements. The USACE’s technical guidelines outlined in the manual consist of three criteria for delineating a feature as a wetland: wetland hydrology, hydric soils, and hydrophytic vegetation. Under the procedures and criteria in the manual, a feature must normally satisfy all three criteria to be classified as a wetland.

The project study area was evaluated for potential Section 404 issues (i.e., wetlands and other waters of the US) on January 31, 2019. No mapped or unmapped streams or surface water features were identified within the project area. Additionally, no wetlands or ponds were identified within the study area (Figures 3 and 6).

4.2.10 Surface Water Quality The 1972 amendments to the Clean Water Act include Section 303(d). The regulations implementing Section 303(d) require states to develop lists of water bodies that do not meet water quality standards and to submit updated lists to the EPA every two years. Water quality standards, as defined in the Code of Federal Regulations, include beneficial uses, water quality objectives (narrative and numerical) and Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 13 of 40

anti-degradation requirements. The EPA is required to review impaired water body lists submitted by each state and approve or disapprove all or part of the list.

For water bodies on the 303(d) list, the Clean Water Act requires that a pollutant load reduction plan or Total Maximum Daily Load (TMDL) be developed to correct each impairment. TMDLs must document the nature of the water quality impairment, determine the maximum amount of a pollutant which can be discharged and still meet standards, and identify allowable loads from the contributing sources. The elements of a TMDL include a problem statement, description of the desired future condition (numeric target), pollutant source analysis, load allocations, description of how allocations relate to meeting targets, and margin of safety. One surface water feature within 1 mile of the project area, the Arkansas River, is included on the 2016 303(d) list of impaired water bodies. The Arkansas River is listed for total dissolved solids, sulfates, Enterocuccus bacteria, and turbidity. These impairments are attributed to highway/road/bridge runoff (non-construction related), grazing in riparian or shoreline zones, municipal point source discharges, rangeland grazing, residential districts, wildlife other than waterfowl, non- irrigated crop production, and unknown sources.

4.2.11 Groundwater The proposed project area is supplied by the North-Central Oklahoma Bedrock Aquifer (ODEQ 2019). This aquifer is comprised of formations that contain varying thicknesses and percentages of shales, sandstones and limestones. Occurrence of groundwater is controlled primarily by the amount of precipitation that enters into the groundwater environment. The movement of groundwater through the basin is controlled by its geologic framework (porosity and permeability). The size and abundance of the openings in the rock and the relative connection between the openings determine those aquifer characteristics. Potential groundwater recharge to the North-Central Oklahoma Bedrock Aquifer is limited by the clayey nature of the study area's soils derived from the underlying tight shale, sandstone, and limestone formations. Seepage to streams and evapotranspiration account for most of the groundwater discharge (groundwater pumping accounts for a small fraction of the groundwater discharge). Groundwater discharge maintains base flow in the streams during dry periods. However, small streams often go dry because the formations that comprise the North-Central Oklahoma Bedrock Aquifer are fine-grained, having a limited capacity to absorb and transmit groundwater. Average depth to water in the aquifer is 22 feet (Belden 1997). This aquifer has a low vulnerability rating (OWRB 1999).

No monitoring wells are located within 1 mile of the project area. Three domestic groundwater wells are located within 1 mile of the project area (OWRB 2019). The depth to first water at each well is approximately 46 feet.

4.2.12 Floodplain Executive Order 11988 entitled “Floodplain Management” dated May 24, 1977 requires Federal agencies to evaluate the potential effects of actions it may take in a floodplain to avoid impacting floodplains wherever possible, to ensure that its planning programs and budget requests reflect consideration of flood hazards and floodplain management, including the restoration and preservation of such land areas Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 14 of 40

as natural undeveloped floodplains, and to prescribe procedures to implement the policies and procedures of this Executive Order. Guidance for implementation of the Executive Order has been provided by the U.S. Water Resources Council in its Floodplain Management Guidelines dated February 10, 1978 (see 40 FR 6030). The proposed project area is located partially within a Federal Emergency Management Agency (FEMA) mapped floodplain (Figure 7).

4.2.13 Soils and Topography The topography of the project area is relatively flat with slopes ranging between 0 and 8%. The surface elevation of the subject property ranges from approximately 2,250 to 2,300 feet above msl (Figure 3). Based on the topographic map, the site has an overall south and western topographic gradient draining towards an unnamed tributary of the Arkansas River.

Soil map units within the project area are listed in Table 6 and depicted on Figure 3. Spatial data and other information regarding soils were obtained via the Natural Resource Conservation Service (NRCS) Web Soil Survey (WSS) (NRCS 2019a) for Kay County and the official soil series description website (NRCS 2019b). Soils throughout the project and study area are stable and no severely eroded areas were observed during field evaluations.

Table 6. Soils Mapped within the Project Study Area Series Name Drainage Hydric Prime (Symbol) Class Rating Farmland Description Pocasset Fine Sandy Well Yes Yes Very deep, well drained, moderately Loam (Ca) Drained permeable soils on smooth floodplains Dougherty-Eufaula Somewhat No No Very deep, well drained soils that Complex (DxC) Excessively formed in sandy and loamy sediments Drained on stabilized sand dunes on reworked stream terraces Minco Silt Loam (Lo) Well No No Very deep, well drained, soils on treads Drained and risers of stream terraces

Prime and Unique Farmland

Prime farmland, unique farmland, and land of statewide or local importance is protected under the Farmland Protection Policy Act (FPPA) of 1981 (7 U.S.C. § 4201 et seq.). The intent of the FPPA is to minimize the impact federal programs have on the irreversible conversion of farmland to non-agricultural uses. Prime farmland cannot be areas of water or urban or built-up land, e.g., areas of asphalt, concrete, and roadway.

Prime farmland is a designation assigned by the U.S. Department of Agriculture’s Natural Resource Conservation Service (NRCS) to those lands that have the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and are also available for these

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land uses. The NRCS classifies Pocasset Fine Sandy Loam (Ca) as prime farmland soils. The NRCS was consulted on June 28, 2019 to determine if prime or unique farmland is present within the project study area, and their response (Appendix C) and verified that prime farmland soils are present within the project study area. The AD-1006 Farmland Conversion Impact Rating worksheet was completed, and the site received a score of 81.

4.2.14 Recreation The USACE Kaw Lake property, including the Kaw WMA, provides a wide variety of outdoor recreation opportunities. The property is open for hunting and the principal game species include white-tailed deer, bobwhite quail, dove, squirrel, rabbit, turkey and pheasant. Additionally, one of Kaw Lake’s most popular winter attractions is the bald eagle. Traditionally, Kaw Lake has one of the state’s largest populations of wintering bald eagles. Nineteen park areas have been developed by the USACE. Kaw Lake and the Arkansas River provide fishing opportunities for channel, flathead and blue catfish, crappie, sand bass, walleye and striped bass/white bass hybrids. Additional recreational opportunities include boating, camping, picnicking, swimming, hiking, and horseback riding (USACE 2019). Two ODWC managed campsites are located within 1 mile of the project area.

4.2.16 Visual Resources and Aesthetics The project study area is situated within a rural portion of Kay County characterized primarily by rangeland and agricultural development; however, large areas of forested habitat are present adjacent to the Arkansas River. The project area is not located on or near natural or man-made landscape features that are visually important or have unique characteristics.

4.2.17 Noise The Noise Control Act of 1972 (42 USC 4901-4918) initially was implemented through regulations issues by the USEPA in the early 1980s; however, the primary responsibility for regulating noise has been delegated to state and local governments. Noise, in its simplest definition, is unwanted sound. It can be said that one person’s noise is another’s music, which sets in place the basis of environmental noise concerns. Although high noise levels may cause hearing loss, the levels typically found in environmental or community noise assessments are well below a hazardous level. Community noise ordinances and environmental noise complaints typically center on annoyance instead of potential hearing loss.

The proposed project is located in a rural setting. The closest potential sensitive noise receptor is approximately 0.95 mile east of the project area.

4.2.18 Health and Human Safety The parcel of land where the proposed project will be constructed is leased by ODWC and currently has no activities occurring within the parcel. The project site is adjacent to two roadways: East River Road to the south and North Silverdale Lane to the east. The proposed project is located in a rural area of low population density with one residence located approximately 0.95 mile east of the project area.

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5.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION Information relative to social, economic, and biophysical environmental factors was collected for evaluation through a process of agency solicitation, database/records review, and specialist field studies for various resources. The study area utilized for the proposed action impact evaluation encompasses approximately 13.8 acres. Based upon this evaluation, the anticipated impacts of the proposed action are discussed in the following sections.

5.1 Social and Economic Impacts Alternative 1 Due to the project’s remote location in Kay County, and the relatively small size of the project, the proposed action is expected to have no adverse impacts to any demographic group working or living in the ROI, the area economic development, or any socioeconomic resource. Any construction, operations, or maintenance activities in the project study area are not expected to negatively impact commercial, social, or recreational activities in the ROI. Overall the proposed action will be supportive to sustaining economic growth through potential construction employee wages, and tax benefits from the purchase of local goods and services.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed. Economic benefits associated with potential construction employee wages, and tax benefits from the purchase of local goods and services would not occur.

5.1.1 Environmental Justice (Executive Order 12898) Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations was signed by President Clinton in February 1994 and mandates that all federal actions address environmental effects, including human health, economic, and social effects of the proposed actions on minority and low income communities. Based on Census criteria, minority populations consist of persons of Hispanic or Latino ethnicity of any race, Black or African American, American Indian and Alaska Native, Asian, Native Hawaiian and Other Pacific Islander, Other, and Two or More Races. The Census Bureau uses a set of income thresholds that vary by family size and composition to determine who is categorized as in poverty and low income. If a family’s total income is less than the family’s threshold, then that family and every individual in it is considered in poverty (USCB 2017).

Alternative 1 In reviewing the 2013 through 2017 USCB minority and poverty estimates (Table 3), the predominant minority population reported in Kay County was the American Indian and Alaska Native category (10.8%), whereas this was the second highest reporting minority category for the state of Oklahoma (9.2%). The largest reporting minority category in the state of Oklahoma was the Hispanic or Latino ethnicity category (10.6%), and this was the second highest minority reporting category in Kay County (8.1%). The data Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 17 of 40

illustrates that there were higher percentages of poverty reported for families and individuals in Kay County (12.8% and 17.6%, respectively) than reported for the state of Oklahoma (11.8% and 16.2%) (USCB 2019b).

The proposed action is located in a rural area of Kay County with no nearby residents. The project is not anticipated to pose significant environmental, health, or safety impacts and risks for any individuals or population groups, nor cause a disproportionate, high and adverse human health or environmental impact on minority and low-income populations.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, it would not result in a disproportionate, high and adverse human health or environmental impact on minority and low-income populations.

5.2 Impacts to Cultural Resources Alternative 1 The cultural resources survey of the proposed Kaw WMA Gun Range APE resulted in the observation of one isolated find (IF). IF#1 consists of a non-diagnostic concrete slab fragment. IF#1 lacks integrity and significant information potential and is not eligible for listing to the NRHP. The OAS mapped location of site 34KA56 was revisited during the cultural resources survey and no cultural material was observed on the surface or recovered from approximately 40 shovel tests within the mapped site area. As a result, no further archaeological work is recommended for site 34KA56 within the APE of the proposed project.

The cultural resources survey did not result in the observation of any additional historic or prehistoric artifacts, features, cultural lenses, or sites over 50 years of age. Therefore, it is recommended that construction of the proposed Kaw WMA Gun Range will have no effect on any historic property that may qualify for inclusion in the NRHP.

USACE requested concurrence from OAS, SHPO, and relevant tribal authorities on August 9, 2019. OAS, SHPO, and THPO correspondence is included in Appendix C. Responses were received from OAS, SHPO, the Kaw Nation, the Osage Nation. The respondents concurred with the cultural resources study findings and had no objections or concerns regarding the proposed actions impacts to cultural resources. No further cultural resources investigations are recommended prior to the proposed construction of the proposed project on USACE property. If cultural material, including sites, features, or artifacts that are 45 years old or older are encountered during this project, work in the area must cease and the USACE Kaw Lake Office and District Archeologist must be immediately notified.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no potential impacts to cultural resources.

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5.3 Impacts to Air Quality Alternative 1 The operation of the proposed project will not affect air quality; however, minor effects may occur during construction. During construction, impacts to air quality would include temporary diesel emissions from the operation of construction equipment and temporary creation of fugitive dust. Based on review of aerial photography, the nearest residential structure is located approximately 0.95 mile east of the project area, thus it is unlikely to be affected by emissions or dust generated during construction of the project. Construction of the proposed project is anticipated to occur over 90 days; therefore, emissions associated with operation of construction equipment are of limited duration.

Due to the minimal and temporary nature of the impacts and the absence of residents or other sensitive receptors (hospitals, schools, daycare facilities, elderly housing and convalescent facilities) within the study area and the immediate vicinity, the proposed action will not cause singificant air quality impacts to area residents.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to air quality. 5.4 Hazardous Waste Generation and Disposal Alternative 1 Based on the Phase I ESA and the BSI results, there is no evidence of RECs or current contamination from chemicals of concern (arsenic, copper, lead, antimony). Although arsenic levels currently exceed USEPA regulatory limits for Residential Soil, the levels are consistent with regional background levels, and the study area is not located within or near a residential area.

Potential Effects During Construction

The construction phase of the proposed project would have no more than minimal impacts related to the generation, transport, treatment, storage or disposal of hazardous or toxic materials due to the chemical constituents contained in vehicle and equipment fuels (gasoline and diesel fuel), coolants (ethylene glycol), and lubricants (oils and greases). ODWC and its contractors would comply with all applicable hazard communication and hazardous materials laws and regulations regarding these chemicals. In addition, ODWC and its contractors would comply with all applicable federal and state regulations regarding notices to federal and local emergency response authorities and development of applicable emergency response plans, if required.

Fill material, if required, will be obtained from a sand mining pit operated by the Kay County Commissioners and provided to ODWC under a Memorandum of Agreement (July 27, 2015). The fill material will be tested to ensure the pH is within acceptable range to prevent dissolution of lead particles.

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Additionally, ODWC will verify that the fill material has been obtained and stored in a manner that would reasonably ensure that the fill material will not contain hazardous materials. If ODWC cannot verify that fill material has been obtained and stored in a manner that would prevent hazardous material contamination, the fill material will be tested to ensure it is free of hazardous substances. ODWC will provide documentation of the verification process to USACE prior to bringing fill material to the site.

Potential Effects During Operation

Lead can introduce environmental concern if topographical and surrounding area conditions (e.g., proximity to wetlands) and hydrologic setting enable leaching or streaming of lead shot, pellets, or bullets. As described in the Water Resources section, the project study area contains no wetlands or surface water features.

There are four potential movement pathways where lead that may be deposited on the proposed shooting range could introduce a risk to human health:

• as airborne particulate matter; • as waterborne particles in suspension in storm runoff; • in solution in stormwater runoff; and • in solution in groundwater.

The Resource Conservation and Recovery Act of 1976 (RCRA) provides the framework for the EPA’s solid and hazardous waste management program, including lead. The current version EPA’s Best Management Practices for Lead at Outdoor Shooting Ranges would be applied to the proposed shooting range.

The possibility for lead to migrate from the range and into the environment is low because an Environmental Stewardship Plan (ESP) has been developed for the proposed site. The ESP is a “living document” intended for use as a long-term management tool and will be revised as appropriate based on implementation experience. The ESP includes BMPs which would prevent soil erosion and maintain soil pH levels within the optimum range, thus ensuring that most of the lead would remain on the ranges, in solid form. BMPs include occasional lead recovery and recycling that would occur at the range to remove the lead bullets from the upper 1 to 2 inches of soil on the bullet impact berms and on the range floor. Long-term impacts associated with hazardous materials and solid waste would be low, as lead would accumulate on the range but would have a low probability to migrate off the range due to the BMPs defined in the ESP designed to prevent lead migration.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts associated with the generation of hazardous materials.

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5.5 Impacts to Vegetative Communities and Structure Alternative 1 The proposed project site is located adjacent to two county roads (East River Road and North Silverdale Lane), thereby minimizing impacts associated with new access roads for construction and operation of the site. Construction of the proposed project will require the removal of 12 acres of forested habitat. Following construction, the berms, backstops, and areas of temporary disturbance will be revegetated with a native grass seed mix. The range (approximately 1.67 acres) will be periodically mowed with the exception of the fence line. The remaining portions of the project study area will not be subject to regular mowing.

Due to the small size of the project relative to the extent of contiguous forested habitat within the Kaw WMA, the proposed project will result in minimal habitat fragmentation or alteration of the vegetative characteristics of the immediate vicinity. Unique or rare vegetative communities are not present within the proposed project area. Additionally, the Kaw WMA management plan includes protocols for monitoring and control of invasive plant species and noxious weeds. Thus, the proposed project will not result in significant impacts to vegetative communities.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to vegetation community or structure.

5.6 Impacts to Terrestrial and Aquatic Wildlife Alternative 1 Potential Effects During Construction

Impacts to wildlife would result from alteration of habitat within the project area, including removal of vegetation and other habitat components and disturbance. Altering wildlife habitat in ways that would be considered adverse may be direct (through habitat loss from surface disturbance and reseeding activities) or indirect (through the reduction in habitat quality caused by increased noise levels and increased human activity). Construction of the proposed project would result in some removal of vegetation and reseeding for effective ground cover as described in Section 5.5. A fence will be constructed around the site, primarily for safety reasons, but also to deter deer and other wildlife from entering the site. Other potential short-term direct impacts to wildlife is the loss or degradation of native habitat and displacement of wildlife species from habitat due to the proposed development.

The Kaw Lake WMA is approximately 16,254 acres adjoining the upper two thirds of Kaw Lake. The proposed project area is approximately 13.8 acres, accounting for less than .01% of the Kaw Lake WMA (ODWC 2019). The project will result in the removal of 12 acres of forested habitat; however, adjacent to the northern boundary of the project study area, approximately 774 acres of contiguous forested habitat

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occurs adjacent to the eastern bank of the Arkansas River for approximately 4.3 miles north of the project study area. Habitat within the project area is common within the project vicinity and throughout the Kaw WMA. Thus, displaced wildlife will not be adversely affected due to habitat loss.

If construction is scheduled during nesting season, avoidance and minimization measures will be implemented (Sections 5.7 and 7.0) to avoid and minimization destruction and disruption of active nests.

Potential Effects During Operation

Noise disturbance during operation of the proposed project may impact wildlife by interfering with animals’ abilities to detect important sounds or by posing an artificial threat to animals (Clinton and Barber 2013). Firearms discharge is expected to contribute the highest noise levels to the proposed project vicinity. The noise profile of the surrounding area is also influenced by the adjacent roadways and activities associated with oil and gas development, which would not change as a result of the proposed project. The maintained vegetation, noise, and increased use of the site will likely deter many wildlife species from using the site. The Kaw Lake WMA is approximately 16,254 acres adjoining the upper two thirds of Kaw Lake. The proposed project area is approximately 13.8 acres, accounting for less than .01% of the Kaw Lake WMA (ODWC 2019). The project will result in the removal of 12 acres of forested habitat; however, adjacent to the northern boundary of the project study area, approximately 774 acres of contiguous forested habitat occurs adjacent to the eastern bank of the Arkansas River for approximately 4.3 miles north of the project study area. Thus, the effects of this deterrence should be minimal, since abundant similar habitat is adjacent to the site. BMPs have been implemented during the project design process to minimize and attenuate noise to avoid potential effects beyond the project area (Section 5.12 and Section 7.0).

Wildlife may be affected during operation of the proposed project due to ingestion of lead shot and bullets or vegetation contaminated by lead (EPA 2005). ODWC has developed an ESP for the proposed site, which includes lead reclamation and recycling/disposal. Additionally, the ESP includes monitoring of the project area for wildlife use. The ESP is a “living document” intended for use as a long-term management tool and will be revised as appropriate based on implementation experience. The proposed project is located within the Kaw WMA, which is managed for wildlife use; therefore, the availability of higher quality habitat in the adjacent landscape will help limit wildlife use of the proposed project area. Additionally, planting the range with grasses and regular mowing will limit the suitability of habitat within the project area for many species.

Operation of the proposed project will include BMPs implemented in the project design and throughout the operation of the facility that will avoid and minimize potential impacts associated with noise and ingestion of lead. Thus, the operation of the proposed project will not result in significant effects to terrestrial or aquatic populations.

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No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to terrestrial or aquatic wildlife.

5.7 Impacts to Migratory Birds and Eagles Alternative 1 Based on USFWS IPaC data, five birds of conservation concern protected under the MBTA have the potential to occur within the project area. Of these species, suitable nesting habitat is available for four species. Birds of conservation concern and available nesting habitat within the project area are summarized in Table 3.

Impacts to non-nesting migratory birds within the project area will be minimal due to the mobility of avian species, the minimal amount of disturbance that will be caused by construction and operation of the proposed action, and the temporary nature of construction activities. If construction occurs during nesting season, USFWS Nationwide Standard Conservation Measures (Appendix F) and Region 2 Suggested Conservation Actions for Projects to Avoid or Minimize Potential for Take of Protected Species of Migratory Birds (Appendix G) will be implemented as appropriate. The proposed action will avoid destruction of active migratory bird nests and take of migratory birds. Thus, the proposed action will not adversely affect birds protected under the MBTA.

Bald eagles are known to occur on the USACE Kaw Lake property, including the Kaw WMA. No bald eagles or eagle nests were observed during site reconnaissance conducted on January 31, 2019. One eagle nest is located approximately 0.5 mile southwest of the project area. The nest is located within forested habitat and the proposed gun range site will not be visible from the nest. Based on the distance and vegetative buffer, noise from operation the proposed project will not affect nesting eagles at this site. Thus, the proposed action will not require an eagle take permit. Potential effects to non-nesting eagles that may occur within the project area are the same as the general wildlife effects described in Section 5.6. The proposed action will not adversely affect bald eagles.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to migratory birds or bald eagles.

5.8 Impacts to Threatened and Endangered Species Alternative 1 Suitable habitat is not present within the project area for the interior least tern, piping plover, red knot, and whooping crane; however, the Arkansas River may provide suitable habitat within the project vicinity. The suitability of habitat within the project vicinity is dependent upon water levels and the availability of sandbars. Construction of the proposed project will not alter the hydrology or function of the Arkansas

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River. BMPs have been implemented during the project design process to minimize and attenuate noise to avoid potential effects beyond the project area (Section 5.16 and Section 7.0). Thus, operation is not expected to affect these species. The impact assessment for federally protected species is summarized in Table 7.

Table 7. Biological Conclusions For Federally Threatened And Endangered Species Listed For The Project Area Presence/Absence Species Suitable Habitat Present Biological Conclusion Survey Conducted interior least tern (Sterna no no No effect antillarum athalassos) piping plover (Charadrius no no No effect melodus) red knot (Calidris canutus no no No effect rufa) whooping crane (Grus no no No effect Americana)

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to federally listed threatened or endangered species. 5.9 Impacts to Wetlands and Surface Waters Alternative 1 Construction and operation of the proposed project will not require discharge of fill material within a potentially jurisdictional water feature; therefore, a Section 404 permit and written authorization from the USACE is not required. Thus, the proposed project will not directly, indirectly, or cumulatively affect surface waters or wetlands.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to water features.

5.10 Impacts to Surface Water Quality Alternative 1 Potential Effects During Construction

One surface water feature within 1 mile of the project area, the Arkansas River, is included on the 2016 303(d) list of impaired water bodies. The Arkansas River is located approximately 480 feet from the southwest corner of the project study area and is listed for total dissolved solids, sulfates, Enterococcus bacteria, and turbidity. These impairments are attributed to highway/road/bridge runoff (non-

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construction related), grazing in riparian or shoreline zones, municipal point source discharges, rangeland grazing, residential districts, wildlife other than waterfowl, non-irrigated crop production, and unknown sources.

Due the proximity of the Arkansas River, clearing of vegetation and ground disturbance required for construction of the proposed project will increase the risk of soil erosion and sediment mobilization, which has the potential to result in short term increases in turbidity. Soil particles move during and immediately after heavy rainfall, with heavier rainfall resulting in the movement of larger soil particles. Impacts will be minimized by the utilization of erosion and sedimentation control BMPs, such as silt fencing, routine maintenance of equipment, and stabilization following disturbances. Thus, any impacts to water quality due to construction activities are expected to be minimal and temporary.

The construction contractor will be required to develop a stormwater pollution prevention plan (SWPPP), submit a notice of intent (NOI), and obtain a stormwater permit prior to commencing construction. Based upon the controls prescribed by the SWPPP, the construction of the proposed project will not significantly affect water quality.

Construction is not expected to contribute to total dissolved solids, sulfates, or Enterocuccus bacteria levels.

Potential Effects During Operation

Lead bullets, bullet particles, or dissolved lead can be moved by stormwater runoff and discharged into receiving waters (USEPA 2005). Based on site reconnaissance and the USGS topographic map, the nearest surface waterbody is approximately 250 feet from the project study area. The following measures were incorporated into the project design and site selection to minimize potential for the discharge of lead bullets, bullet particles, shot, or dissolved lead to surface waters:

• No surface waters are located within the project area • All slopes on the site will not be steeper than 4:1 • The site will be graded to ensure natural drainage and sheet flow

Implementation of post-construction BMPs to manage stormwater will minimize risk of the discharge of lead bullets, bullet particles, shot, or dissolved lead to surface waters. Post-construction BMPs to minimize the risk of the discharge of lead bullets, bullet particles, shot, or dissolved lead to surface water features may include, but are not necessarily limited to:

• Re-establishment of vegetation using native grass mix approved by ODWC • Monitoring of vegetative cover throughout the growing season • Monthly monitoring of the overall site conditions • Implementation of current EPA recommended bullet and shot collection and disposal measures included in the ESP

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Detailed information on potential effects associated with dissolved lead and lead particles are addressed in Section 5.4. Operation of the site is not expected to contribute to total dissolved solids, sulfates, or Enterocuccus bacteria levels.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to surface water quality.

5.11 Impacts to Groundwater Alternative 1 Potential Effects During Construction

Ground water contamination can occur from unintentional liquid spills (such as fuels and hydraulic oils that can leach through soils and contaminate ground water supplies. The potential for groundwater contamination can be reduced through proper planning, preparation and inspections. Equipment will be maintained and equipped with the proper mufflers, shields, first aid kits and sufficiently sized spill cleanup kits to minimize potential public health and safety impacts.

A project specific Spill Prevention Containment and Countermeasures (SPCC) Plan will be developed for the proposed action area and implemented by all project personnel. Specifically, the SPCC would address procedures and requirements for potential construction related spills, identify equipment and materials to be used on site (both hazardous and non-hazardous), as well as provide a basic plan for prevention, containment, disposal, and emergency response if needed. Routine environmental inspection and monitoring efforts will document oversight, as well as tracking and reporting measures. Applicable federal, state, and local requirements related to project activities, including the transportation, storage, use and disposal of polluting and hazardous materials will be adhered to by all site personnel.

Potential Effects During Operation Dissolved lead can migrate through soils to groundwater (USEPA 2005). The potential for lead migration is dependent upon soil types, annual precipitation, soil chemistry, and depth to groundwater, and pH of the groundwater. Implementation of EPA recommended bullet and shot collection and disposal measures (USEPA 2005) will minimize the risk of the discharge of lead bullets, bullet particles or dissolved lead to surface water features. Thus, the operation of the proposed project is not expected to adversely affect groundwater quality.

Detailed information on potential effects associated with dissolved lead and lead particles are addressed in Section 7.0. Implementation of operational BMPs to manage stormwater will minimize risk of the infiltration of dissolved lead to groundwater. Such BMPs may include, but are not necessarily limited to:

• Evaluation of soil pH, including berms and backstops, in the winter and spring

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• Maintain soil pH between 6.5 and 8.5 to prevent the dissolving of lead shot and particles • If necessary, addition of amendments such as lime to the soil to maintain a pH level that will prevent lead from dissolving • Consideration of annual precipitation, soil pH monitoring results, and erosion issues when determining the lead reclamation schedule • ODWC will ensure lead removed from the project site during reclamation activities is properly disposed of or recycled at a facility in compliance with all provisions of the RCRA and other applicable laws and regulations

Detailed information on potential effects associated with dissolved lead and lead particles are addressed in Section 5.4.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to groundwater or groundwater quality.

5.12 Impacts to Floodplain Alternative 1 The proposed project is located partially within a FEMA mapped floodplain. Project components located within the floodplain include the archery range target area; however, minor disturbance within the floodplain will occur due to operation of heavy equipment and construction machinery. The elevation of the project site is a minimum of 1040 ft above mean sea level (msl). This elevation was selected based on historical lake level trends suggesting that the chance of flooding diminishes significantly at, or above, this elevation. A floodplain development permit is required for ground disturbance within the FEMA mapped floodplain; however, the proposed project is not expected to affect the hydrologic or hydraulic characteristics of a flooding source (Arkansas River/Kaw Lake) or result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or a Special Flood Hazard Area (SFHA). The proposed project will not require a letter of map revision (LOMR) or conditional letter of map revision (CLOMR). Thus, the proposed action will not adversely affect floodplains.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to floodplains.

5.13 Impacts to Soils and Topography Alternative 1 Potential Effects During Construction

The primary concern during construction is soil stability and erosion. Based on field reconnaissance, soils

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within the project area appear stable. No severely eroded areas were observed. The potential for negative impacts to soil stability and erosion will occur during the construction phase. Ground disturbances for construction efforts would be minimal and BMPs designed to prevent erosion will be implemented. Any necessary local and state construction permits will be attained prior to development, and all applicable state and federal regulations will be adhered to within the project design. Following construction, areas of temporary disturbance will be restored to pre-existing contours and elevations. All areas of temporary disturbance, as well as the berms and backstops, will be revegetated using a native seed mix. Gravel will be utilized on the designated parking area to prevent rutting and soil disturbance during operation of the facility.

Construction of the site may require the addition of soil to the project site. Fill material, if required, will be obtained from a sand mining pit operated by the Kay County Commissioners and provided to ODWC under a Memorandum of Agreement (July 27, 2015). The fill material will be tested to ensure the pH is within acceptable range to prevent dissolution of lead particles. Introduction of soil from the outside of the Kaw WMA carries the risk for the introduction of invasive plant species and hazardous materials. Fill material will be tested to ensure hazardous materials are not introduced to the project area. Following construction, the project site will be revegetated with the appropriate native species and monitored for the presence of invasive species (Section 5.5).

Erosion on the site is currently minimal and anticipated to remain both minimal and insignificant throughout construction of the site. Site substrate functions will not be significantly altered as a result of the proposed project. The proposed action will not directly or indirectly affect soil stability within the project area or the immediate vicinity.

Potential Effects During Operation

Operation of the proposed project has the potential to result in lead accumulation in soils within the proposed project area in the form of bullets, bullet particles, and dissolved lead. All forms of lead in soils have the potential to be mobilized offsite due to stormwater runoff into surface waters (Section 5.10) and infiltration into groundwater (Section 5.11), resulting in potential human health impacts (Section 5.18). Mobilization of lead particles and dissolved lead is dependent upon rainfall intensity, topographic slope, soil type, runoff velocity, vegetative cover, and man-made structures.

ODWC is aware of concerns about lead bullets and lead shot, and the potential for issues to arise during operation, or post-operation if the area were eventually closed. In order to be proactive, and to lessen the potential impacts of lead accumulation, ODWC has developed an ESP for the site based on information contained within Best Management Practices for Lead at Outdoor Shooting Ranges (EPA 2003). The ESP includes BMPs to avoid infiltration of dissolved lead into the soils (Section 7.0). Post-construction BMPs to avoid erosion and infiltration of dissolved lead into soils may include, but are not necessarily limited to, the following:

• To prevent soil erosion and runoff, following construction the project area will be revegetated Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 28 of 40

according to the WMA manager’s guidelines. • Berms and backstops will be vegetated to prevent erosion. • Vegetation density will be monitored during the growing season to ensure adequate vegetation coverage and prevent erosion. • Problem areas (areas of erosion, sparsely vegetated areas) will be documented with photographs and monitored to evaluate the effectiveness of corrective actions taken. • Berm and side slopes will not be steeper than 4:1. • Annual precipitation, soil pH monitoring results, and erosion issues will also be considered when determining the lead reclamation schedule. • ODWC will ensure lead removed from the project site during reclamation activities is properly disposed of or recycled at a facility in compliance with all provisions of the RCRA and other applicable laws and regulations.

With proper implementation of BMPs and the ESP, the proposed project will not directly, indirectly, or cumulatively affect soil stability or result in harmful accumulation of lead in the project area soils.

Prime Farmland Impacts

The proposed study area is approximately 13.8 acres and consists of a combination of powerline ROW, upland forest, and floodplain forest. Although prime farmland is present within the project area, based on the Farmland Conversion Impact Rating worksheet (Appendix C), the site need not be given further consideration for protection and no additional sites need to be evaluated. Additionally, no statewide or locally important farmland is present within the proposed project area. Thus, the proposed action will not cause any significant impacts to prime or unique farmland. No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; therefore, no clearing, grading, or other ground disturbance activities would occur. Thus, the No Action Alternative would not affect soils and topography or result in impacts to prime farmland.

5.14 Impacts to Recreation Alternative 1 The proposed project will create additional recreational opportunities on the Kaw WMA without limiting hunting opportunities or access to existing roads, trails, or campgrounds. Beneficial recreational effects associated with the proposed project would include greater access to recreational shooting opportunities, sport shooting, and greater accessibility to hunter education, and provide a community space for other gatherings and education.

With the exception of the archery platform, the proposed project will comply with ADA guidelines and will include a gravel parking lot with one ADA-compliant van accessible parking spot. ADA-compliant walkways will connect the parking lot to the shooting platforms, including ADA-compliant walkways between range slabs. ADA-compliant concrete sidewalks are proposed for each range (100-yard, 50-yard, Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 29 of 40

and 25-yard) for setting up targets. The archery range is not ADA-compliant and will not include ADA- accessible parking and sidewalks.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, the beneficial effects associated with the proposed action would not be achieved. The No Action Alternative would not impact current recreational opportunities.

5.15 Impacts to Visual Resources Alternative 1 The proposed project is located within the Kaw WMA. Overall, the Kaw WMA consists of upland and bottomland forest, tallgrass prairie, old fields, and cropland. The proposed project area is located within forested habitat adjacent to two county roads (East River Road and North Silverdale Lane). The project will result in conversion of 12 acres of forested habitat to maintained grass and forbs. Crop and pastureland habitat are common throughout the project vicinity; therefore, the proposed conversion will not result in adverse changes to the viewshed at this location.

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, there would be no impacts to visual resources.

5.16 Noise Impacts Alternative 1 Potential Effects During Construction

Short-term noise levels will increase with the construction of the range. Construction noise is expected to range between 80 to 120 dBA on site as a result of earth moving equipment such as backhoes and bulldozers (Spencer 2018); however, the use of earth moving equipment will not be continuous. This project is located in a rural area, construction will take place during daylight hours only, and no noise sensitive receptors (hospitals, schools, daycare facilities, elderly housing and convalescent facilities) are located within 0.95 mile of the action area. Thus, the temporary addition of heavy equipment noise should not affect humans. Wildlife in the immediate vicinity may find the noise from construction activities disruptive to their patterns of life and travel. However, construction noise impacts (if any) are anticipated to be minimal and of short duration.

Potential Effects During Operation

Ranges that do not properly mitigate the sound produced from daily operations can quickly generate opposition by disturbing nearby residents and recreationists, generating complaints and lowering the quality of the life in the surrounding area. Under Oklahoma Statute Title 63 Chapter 30 Section 709.2 Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 30 of 40

(2010), civil and criminal penalties for noise cannot be levied against shooting ranges if noise does not exceed 150 decibels (dBA) at the property line. The proposed project boundary for the proposed shooting range complex is 54 feet (16.4 meters) from the nearest firing area. Table 8 summarizes sound pressure levels of common firearms measure at 10 meters from the muzzle.

Table 8. Sound pressure levels of firearms measured at 10 meters from the muzzle downrange.1 Weapon Name, Caliber, and Ammunition Sound Pressure Level in dBA(I) Rifle M/96, 6.5 mm, SK PTR M/94 PRJ M/41 126 Rifle M/96, 6.5 mm, KPTR M/14 120 Hunting rifle, 7.62 mm, 30-60 Norma Jaktmatch 127 Hunting rifle, 5.7 mm, Remington N. Jaktmatch 124 AK 4, 7.62 mm, KPTR 10 120 AK 4, 7.62 mm, SK PTR 10 PRJ 128 AK 5 125 CC 63 Junior, Cal. 22, NORMA 22 LR (pistol) 103 Pistol m/40, 9mm, SK PTR M/39 B 126 Shotgun, Cal. 12, NIKE Skeet, 70 mm, 32 g, 2mm 127 1 – RCMP 1999

Noise at the proposed project property line is not expected to exceed 150 dBA (Figure 7) within or beyond the USACE property boundary. Additionally, noise abatement measures have been incorporated into the project design, including the use of berms and covered shooting stations. Furthermore, sensitive noise receptors are not located within 0.95 mile of the proposed project area. Although the operation of the shooting range will increase the noise levels in the long-term during operating hours (sunrise to sunset), noise levels beyond the property boundary would not pose a threat to human health (hearing impairment).

No Action Alternative Under the No Action Alternative, the proposed gun range would not be constructed; thus, it would not result in adverse effects associated with unwanted sound or noise levels.

5.18 Impacts to Health and Human Safety Human health and safety during target shooting are incumbent upon the shooter’s strict adherence to gun safety. Based on the safety measures incorporated into the project design, the proposed project will not pose a risk to human health and safety. Furthermore, the proposed project will provide a safe location for marksmanship practice for shotguns, handguns, and rifles. The range will provide a safe, confined, and controlled environment for this activity and will also be used for hunter education classes and live fire exercises.

All gun range users must have a valid Oklahoma hunting license, which requires successful completion of a hunter education course. The proposed project will comply with Oklahoma Administrative Code 800:30- Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 31 of 40

1-16. These regulations include the following safety measures: • Any person using the shooting range under the age of 16 must be immediately supervised by an adult (18 years old or older). • All firearms shooting single projectiles or any pellets larger than conventional BB (.180" diameter) must be shot at approved berms and target areas only. • All rifle, pistol, shotgun, and muzzleloader targets will consist of paper or clay targets only. • Centerfire rifles and pistols .50 caliber and larger are prohibited; however, .50 caliber muzzleloaders are permitted. • Fully automatic firearms are prohibited. • Fireworks, explosive devices, exploding targets, tracer and incendiary rounds are prohibited. • Eye and ear protection shall be worn while shooting. Game wardens will add the gun range to their regular patrol route to ensure compliance with the range rules. The WMA manager will check on the range several times per week and encourage users to comply with the rules and call the local game warden if they see other users who are not complying with the rules.

The proposed project design includes measures to minimize potential effects on human health and safety. The 25-yard, 50-yard, and 100-yard ranges will include earthen backstops. The backstops will be approximately 20 feet in height. Additionally, side berms will be located adjacent to the 100-yard range and 25-yard range. The side berms will be approximately 10 feet in height. The height requirements for the berms are based upon NRA Range Source Book recommendations.

6.0 CUMULATIVE IMPACTS The Council on Environmental Quality (CEQ) requires the cumulative impact analysis to consider the impacts of “past, present and reasonably foreseeable future actions” regardless of who undertakes the action (40 CFR 1508.7). Cumulative impacts are the incremental and potentially synergistic impact on either the natural environment or human environment by an action when added to past, present and reasonably foreseeable future actions.

The proposed project will not foster or inhibit economic or population growth in the surrounding area. The proposed project will not result in any foreseeable growth inducing effects or induced changes in the pattern of land use, population density or growth rate, and related effects on resources or the environment. The proposed project is relatively small in scale and size and would result in no more than minor direct and indirect effects to resources. The primary risk associated with the proposed project is the introduction of hazardous materials, specifically lead, into the environment. Potential impacts associated with lead accumulation, deposition, and movement into the environmental will be avoided and minimized to the greatest extent practical.

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6.1 Relevant Past, Present, and Reasonably Foreseeable Actions 6.1.1 Relevant Past, Present, and Reasonably Foreseeable Actions County Road Improvements

Several county roads are located within the Kaw Lake WMA. Currently, none of the county roads within the Kaw WMA are included on the ODOT County 5 Year Construction Plan (ODOT 2019). Due to the relatively low traffic volumes carried by county roads, future improvements will likely be limited to resurfacing projects. Resurfacing projects would not require the purchase of additional ROW. Thus, the proposed project, in conjunction with past, present, and reasonably foreseeable county road improvements, would not result in adverse cumulative environmental effects.

ODWC WMA Operations and Maintenance

ODWC plans to construct 17 miles of fencing and 37 miles of firebreaks on WMA property. Additionally, ODWC intends to construct an approximately 200-acre wetland on WMA property in the southern half of Section 4, Township 27 North, Range 3 East. These actions are unlikely to be associated with the introduction of hazardous materials into the environment. Details of the proposed construction are not available at this time; however, these actions will involve federal funding and will be subject to the appropriate NEPA environmental analysis. Adverse effects associated with these actions will require avoidance, minimization, and mitigation. Thus, the proposed ODWC WMA operations and maintenance should not result in adverse cumulative environmental effects. Cumulative effects and impacts will be determined for future actions as NEPA evaluations are conducted.

City of Enid Water Pipeline and Water Intake

The City of Enid is in the process of developing a 70-mile, 36-inch diameter pipeline to transmit water from Kaw Lake to the Water Treatment Facility in Enid, Oklahoma. The proposed waterline will supply water to the City of Enid; therefore, it is unlikely to be associated with the introduction of hazardous materials into the environment. A portion of the proposed pipeline, as well as a water intake, will be located on USACE property. The pipeline will result in new disturbance to USACE property and will be addressed in a separate NEPA EA. Impacts associated with the action will require avoidance, minimization, and mitigation. The City of Enid is located approximately 60 miles southwest of Kaw Lake. Any growth inducing effects with the proposed pipeline would likely occur within the City of Enid; therefore, would not be considered cumulative with respect to the proposed action. Cumulative impacts associated with the proposed City of Enid Water Pipeline and Water Intake, if any, would likely be minimal and short term.

7.0 MITIGATION PLAN The Council on Environmental Quality’s (CEQ) regulations (40 CFR 1508.20) implementing the procedural provisions of the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.) define “mitigation” as including a) avoiding the impact altogether by not taking a certain action or parts of an action; b) minimizing impacts by limiting the degree or magnitude of the action and its Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 33 of 40

implementation; c) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; d) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and e) compensating for the impact by replacing or providing substitute resources or environments.

Impacts to visual resources, vegetation, terrestrial and aquatic wildlife were avoided and minimized during the site selection process. The Kaw Lake WMA is approximately 16,254 acres adjoining the upper two thirds of Kaw Lake. The proposed project area is approximately 13.8 acres, accounting for less than .01% of the Kaw Lake WMA (ODWC 2019). The project will result in the removal of 12 acres of forested habitat; however, adjacent to the northern boundary of the project study area, approximately xx acres of contiguous forested habitat occurs adjacent to the Arkansas River for approximately xx miles north of the project study area. If construction occurs during nesting season, USFWS Nationwide Standard Conservation Measures (Appendix F) and Region 2 Suggested Conservation Actions for Projects to Avoid or Minimize Potential for Take of Protected Species of Migratory Birds (Appendix G) will be implemented as appropriate.

. The potential for adverse effects is limited to the introduction of lead into the environment through stormwater runoff and groundwater infiltration. Measures have been developed to avoid and minimize these risks, as well as mitigate noise generated during operation, through the project design and through a site specific ESP. The ESP is a “living document” intended for use as a long-term management tool and will be revised as appropriate based on implementation experience.

The project has been designed to keep bullets and projectiles within the defined area. Dirt backstops will be used to ensure bullets from the rifle and hand gun range.

The following avoidance and minimization measures were implemented during the site selection and design phase:

• The project is sited and oriented to avoid shooting over wetlands and waterbodies. No wetlands or waterbodies are located within the project study area. • The existing site is level with stable soils, minimizing risk of transport of lead shot and particles via stormwater runoff. • Berms and backstops will be utilized to retain rifle and handgun bullets and particles on site. • Berms and backstops are located outside the FEMA mapped floodplain. • Slopes on the site will not be steeper than 4:1.

The following BMPs will be implemented following construction and during operation of the project to avoid the introduction of lead particles and dissolved lead into the environment:

• To prevent soil erosion and runoff, following construction the project area will be revegetated according to the WMA manager’s guidelines (Section 3.1.1). • Berms and backstops will be vegetated to prevent erosion. Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 34 of 40

• The pH of soils, including berms and backstops, will be evaluated in the winter and spring. • Soil pH will be maintained between 6.5 and 8.5 to prevent the dissolving of lead shot and particles. • If necessary, amendments such as lime will be added to the soil to maintain a pH level that will prevent lead from dissolving. • Vegetation density will be monitored during the growing season to ensure adequate vegetation coverage and prevent erosion. • Problem areas (areas of erosion, sparsely vegetated areas) will be documented with photographs and monitored to evaluate the effectiveness of corrective actions taken. • Wildlife use of the area will be monitored. • Annual precipitation, soil pH monitoring results, and erosion issues will also be considered when determining the lead reclamation schedule. • ODWC will ensure lead removed from the project site during reclamation activities is properly disposed of or recycled at a facility in compliance with all provisions of the RCRA and other applicable laws and regulations. • Specific personnel will be assigned responsibility for initiating, conducting, and completing the above described BMPs. • Records of maintenance actions, soil testing, and lead reclamation will be maintained by the Packsaddle WMA manager.

8.0 FEDERAL, STATE, AND LOCAL AGENCY COORDINATION The preparation of this environmental assessment (EA) was coordinated with a number of federal, state, and local agencies and tribes having legislative and administrative responsibilities for environmental protection and/or a probable interest in this proposed action. Solicitation letters were issued to each of the following agencies and offices:

• Natural Resource Conservation Service • Oklahoma Archeological Survey • Oklahoma Biological Survey • State Historic Preservation Office • U.S. Fish and Wildlife Service • Caddo Nation of Oklahoma • Cherokee Nation • Kaw Nation • Osage Nation • Pawnee Nation of Oklahoma • United Keetoowah Band of Cherokee Indians • Wichita and Affiliated Tribes (Wichita, Keechi, Waco, and Tawakonie)

Copies of these letters and all responses are included in Appendices A, B, and C.

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9.0 PUBLIC INVOLVEMENT This Draft EA will be available for a 15-day public comment period on the ODWC website from October x through October x, 2019. A link on the USACE website directing interested parties to the document will also be provided.

10.0 APPLICABLE ENVIRONMENTAL LAWS AND REGULATIONS NEPA requires that all applicable environmental laws, executive orders, and regulations that may be apply to the proposed action be considered by federal agencies. Table 9 lists applicable environmental laws, executive orders, and regulations considered in preparation of this document.

Table 9. Applicable Environmental Laws, Regulations, and Policies Considered Archaeological and Historic Preservation Act, 1974, as amended 16 USC 469, et. seq. Clean Air Act, as amended 42 USC 7609, et. seq. Clean Water Act, 1977, as amended (Federal Water Pollution Control Act) 33 USC 1251, et.seq. Emergency Wetlands Resources Act of 1986 16 USC 3901-3932 Endangered Species Act, 1973, as amended 16 USC 1531, et. seq. Farmland Protection Policy Act 7 USC 4201, et. seq. Federal Land Policy and Management Act of 1976 43 USC 1701-1784 Fish and Wildlife Coordination Act, as amended 16 USC 661, et. seq. Flood Control Act of 1936 Flood Control Act of 1944, as amended 16 USC 460d Land and Water Conservation Fund Act, 1965, as amended 16 USC 4601, et. seq. Migratory Bird Treaty Act 16 USC 701-719c National Environmental Policy Act, as amended 42 USC 4321, et. seq. National Historic Preservation Act, 1966, as amended 16 USC 470a, et. seq. Native American Graves Protection and Repatriation Act, 1990 25 USC 3001-13, et. seq. Resource Conservation and Recovery Act (RCRA) of 1976 42 USC 6901-6992k Rivers and Harbors Act, 1894, as amended and supplemented 33 USC 401, et. seq. Rivers and Harbors Act, 1899 33 USC 403, Section 10 Water Pollution Control Act Amendments of 1961 PL 87-88 Watershed Protection and Flood Prevention Act 16 USC 1001, et. seq. Floodplain Management EO 11988 Protection of Wetlands EO 11990 Environmental Justice EO 12898 Protection of Children EO 13045

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11.0 LIST OF PREPARERS ENERCON prepared this EA under contract with ODWC and in cooperation with USACE. Preparers, reviewers, consultants, and federal officials are listed in Table 10.

Table 10. List of Preparers Name Title Education Affiliation

USACE USFWS Biologist/Project Bachelor of Science in Marine Biology, Erica McLamb Enercon Services, Inc. Manager University of North Carolina-Wilmington Bachelor of Science in Biology, Trinity University Sr. Project Derek Richard M.S. in Environmental Engineering, Colorado Enercon Services, Inc. Manager School of Mines Kim Stapleton Geographer M.S in Geography, Oklahoma State University Enercon Services, Inc. Gary Edington Archeologist M.A. in Anthropology, University of Oklahoma Enercon Services, Inc. B.S. Zoology, Oklahoma State University Brad Barnes Biologist Enercon Services, Inc.

BS Agriculture and Natural Resources – Horticulture and Landscape Architecture (Minor Phillip Kelly Geologist - Soil Science), Oklahoma State University Enercon Services, Inc. MS Environmental Science, Oklahoma State University Environmental B.S. Environmental Sciences and Natural Seth Scherm Enercon Services, Inc. Scientist Resources, Oklahoma State University

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12.0 REFERENCES Belden, Mark. 1997. Hydrologic Report of the Minor Groundwater Basins in Garfield, Grant, and Kay Counties. Technical Report 97-4. Oklahoma Water Resources Board Planning and Management Division.

FR (Federal Register) 1994. Executive Order 12898 of February 11, 1994. (Vol. 59, No. 32).

National Association of Counties (NACO). 2019. County Profiles – Kay County, Oklahoma. Retrieved from (accessed June 17, 2019).National Rifle Association of America (NRA). 2012. Range Source Book – A Guide to Planning and Construction.

National Shooting Sports Foundation (NSSF). 2019. Where to Shoot. https://www.nssf.org/shooting/where-to-shoot/ (Accessed January 22, 2019).

Natural Resources Conservation Service (NRCS). 2019a. Web Soil Survey. http://websoilsurvey.nrcs.usda.gov/. [Accessed: January 7, 2019].

Natural Resources Conservation Service (NRCS), 2019b. United States Department of Agriculture. Official Soil Series Descriptions. Available online. Accessed [Accessed: January 7, 2019].

Oklahoma Climatological Survey. 2018. The Climate of Kay County. https://climate.ok.gov/county_climate/Products/County_Climatologies/county_climate_kay.pdf. Accessed December 24, 2018.

Oklahoma Department of Environmental Quality (ODEQ). 2016. 2016 Approved 303(d) List.

Oklahoma Department of Environmental Quality (ODEQ). 2019. DEQ Data Viewer. https://deq.maps.arcgis.com/home/index.html (Accessed January 4, 2019).

Oklahoma Water Resources Board (OWRB). 1999. Statewide Groundwater Vulnerability Map of Oklahoma. Oklahoma Water Resources Board Technical Report 99-1.

Oklahoma Water Resources Board (OWRB). 2019. OWRB General Viewer. http://owrb.maps.arcgis.com/apps/webappviewer/index.html?id=ce511cb747d64933b4ce82287d7719 26 (Accessed January 9, 2019).

Oklahoma Department of Wildlife Conservation (ODWC). 2019. Kaw. http://www.wildlifedepartment.com/wildlife-management-areas/kaw (Accessed on October 7, 2019)

Royal Canadian Mounted Police (RCMP). 1999. Shooting Ranges and Sound.

U.S. Army Corps of Engineers (USACE). 2019. Kaw Lake Recreation. https://www.swt.usace.army.mil/Locations/Tulsa-District-Lakes/Oklahoma/Kaw-Lake/Kaw-Lake- Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 38 of 40

Recreation/ (Accessed January 4, 2019)

U.S. Bureau of Labor Statistics (USBLS). 2019. Unemployment – Kay County, OK; Oklahoma. Retrieved from (accessed June 17, 2019).

U.S. Census Bureau (USCB). 2019a. QuickFacts – Oklahoma and Kay County, OK. Retrieved from (accessed June 17, 2019).

U.S. Census Bureau (USCB). 2019b. American Community Survey – Oklahoma and Kay County, OK (poverty – individual and family). Retrieved from (accessed June 17, 2019).

U.S Environmental Protection Agency (USEPA). 2005. Best Management Practices for Lead at Outdoor Shooting Ranges.

U.S Environmental Protection Agency (USEPA). 2019. NEPAssist. https://nepassisttool.epa.gov/nepassist/nepamap.aspx?wherestr=36.884825%2C+-96.942258 (Accessed January 8, 2019).

U.S. Fish and Wildlife Service (USFWS). 1992. Whooping Crane (Grus Americana) Fact Sheet.

U.S. Fish and Wildlife Service (USFWS). 2009. Whooping Cranes and wind development: an issue paper.

U.S. Fish and Wildlife Service (USFWS). 2011a. Federally-Listed Aquatic Dependent Species Watersheds of Oklahoma. https://www.fws.gov/southwest/es/Oklahoma/documents/te_species/maps/aquatic%20dependent%2 0species%20watersheds%208aug2011.pdf (Access December 2, 2018).

U.S. Fish and Wildlife Service (USFWS). 2011b. Least Tern. http://www.fws.gov/southwest/es/Oklahoma/Documents/TE_Species/Species%20Profiles/Least%20Ter n.pdf

U.S. Fish and Wildlife Service (USFWS). 2011c. Piping Plover. https://www.fws.gov/southwest/es/oklahoma/Documents/TE_Species/Species%20Profiles/Piping%20Pl over.pdf

U.S. Fish and Wildlife Service (USFWS). 2013. Species Profile - Red Knot (Calidris canutus rufa). http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0DM

U.S. Geological Survey (USGS). 2018a. Oklahoma geologic map data. https://mrdata.usgs.gov/geology/state/state.php?state=OK (Accessed December 24, 2018).

Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 39 of 40

U.S. Geological Survey (USGS). 2018b. Geologic Units in Oklahoma. https://mrdata.usgs.gov/geology/state/fips-unit.php?code=fUS40 (Accessed December 24, 2018).

U.S. Fish and Wildlife Service (USFWS). 2019. Information for Planning, and Consultation. Consultation Code 02EKOK00-2019-SLI-2326. Event Code 02EKOK00-2019-E-05608. https://ecos.fws.gov/ipac/ (Accessed June 5, 2019).

Woods, A.J., Omernik, J.M., Butler, D.R., Ford, J.G., Henley, J.E., Hoagland, B.W., Arndt, D.S., and Moran, B.C. 2005. Ecoregions of Oklahoma (color poster with map, descriptive text, summary tables, and photographs): Reston, Virginia, U.S. Geological Survey (map scale 1:1,250,000).

Kaw Wildlife Management Area Shooting Range September 2019 Kay County, Oklahoma Page 40 of 40

FIGURES

Figure 1: Vicinity Map Figure 2: Proposed Project Service Area Figure 3: Project Site Map Figure 4: Soil Survey Map Figure 5: Topographic Map Figure 6: FEMA Floodplain Map Figure 7: Maximum Sound Pressure Relative to USACE Boundary

Appendix A Phase I Environmental Site Assessment PHASE I ENVIRONMENTAL SITE ASSESSMENT PROPOSED KAW WMA GUN RANGE NWC OF INTERSECTION OF E. RIVER ROAD AND N. SILVERDALE LANE NEWKIRK, OK 74647 PROPOSED KAW WMA GUN RANGE

Submitted to:

Lance Meek Oklahoma Department of Wildlife Conservation PO Box 53645 Oklahoma City, Oklahoma 73152

Submitted by:

Enercon Services, Inc. 1601 N.W. Expressway Suite 1000 Oklahoma City, OK 73118 (405) 722-7693

February 15, 2019

ENERCON Project No: ODWC~00006 PHASE I ENVIRONMENTAL SITE ASSESSMENT PROPOSED KAW WMA GUN RANGE NWC OF INTERSECTION OF E. RIVER ROAD AND N. SILVERDALE LANE NEWKIRK, OK 74647 PROPOSED KAW WMA GUN RANGE

Submitted to:

Lance Meek Oklahoma Department of Wildlife Conservation PO Box 53645 Oklahoma City, Oklahoma 73152

Submitted by:

Enercon Services, Inc. 1601 N.W. Expressway Suite 1000 Oklahoma City, OK 73118 (405) 722-7693

Seth A. Scherm Environmental Specialist

Robert J. Davis, P.G. Manager, Environmental Services

I declare that, to the best of my professional knowledge and belief, I meet the de®nition of Environmental Professional as de®ned in 312.10 of this part. I have the speci®c quali®cations based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.

TABLE OF CONTENTS

Executive Summary...... 1 Property Description and Observations...... 1 Historical Use...... 1 Review of Federal and State Record Search...... 1 Conclusions...... 2 1.0 Introduction...... 3 1.1 Purpose...... 3 1.2 Scope of Services (Reliance)...... 4 1.3 Deviations (Limitations, Exceptions and Data Gaps)...... 5 1.3.1 Data Gaps Encountered...... 5 2.0 Site Reconnaissance...... 6 2.1 Property Description and Observations...... 6 2.1.1 Storage Tanks...... 6 2.1.2 Drums and Containers...... 6 2.1.3 Wastestream Generation, Storage, and Disposal...... 6 2.1.4 Stains or Corrosion/Pools of Liquid...... 7 2.1.5 Odors...... 7 2.1.6 Polychlorinated Biphenyl...... 7 2.1.7 Heating and Cooling...... 7 2.1.8 Waste and Storm Water...... 7 2.1.9 Pits, Ponds, or Lagoons...... 7 2.1.10 Stressed Vegetation...... 7 2.1.11 Wells...... 7 2.1.12 Oil and Gas Wells and Mine Shafts...... 7 2.1.13 Railroad Spurs/Electrical Towers...... 8 2.1.14 Pesticide/Herbicide Application...... 8 2.1.15 Septic Systems...... 8 2.1.16 Utility Providers...... 8 2.2 Surrounding Properties...... 8 3.0 Physical Setting...... 9 3.1 Topography...... 9 3.2 Geology...... 9 3.3 Soil Conditions...... 9 3.4 Hydrologic Conditions...... 10 4.0 Historical Review Information...... 11 4.1 Historical Use...... 11 4.1.1 Summary of Historical Use...... 11 4.2 Interviews...... 12 4.3 User©s Responsibilities...... 12 4.4 Previous Environmental Documentation...... 14

ODWC~00006 02/15/2019

TABLE OF CONTENTS

5.0 Agency Records Review...... 15 5.1 Review of Agency Records Search...... 15 5.2 Orphan Properties...... 15 5.3 Local Agency Records Search...... 15 6.0 Additional Services...... 17 Asbestos-Containing Materials...... 17 Radon...... 18 Lead-Based Paint...... 18 Water Intrusion...... 18 Lead in Drinking Water...... 19 7.0 Findings...... 20 7.1 Property Description and Observations...... 20 7.2 Historical Use...... 20 7.3 Review of Federal and State Record Search...... 20 8.0 Conclusions...... 21 References...... 22 Appendices Figures Photographs Historical Research Documentation Regulatory Records Documentation Additional Information Quali®cations

ODWC~00006 02/15/2019 Executive Summary

The following summarizes the findings of this assessment. This executive summary must be considered in conjunction with the discussion provided in the body of the report.

Enercon Services, Inc. (ENERCON) was retained by the Oklahoma Department of Wildlife Conservation (ODWC) (hereafter referred to as Client), to perform a Phase I Environmental Site Assessment (ESA) of the property known as Proposed Kaw WMA Gun Range located at NWC of the intersection of E. River Road and N. Silverdale Lane near Newkirk, Kay County, Oklahoma (subject property). ENERCON performed the ESA in conformance with the Scope of Work and the provisions of the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process E 1527-13, thereby satisfying United States Environmental Protection Agency's (U. S. EPA) "Standards and Practices for All Appropriate Inquiries (AAI); Final Rule" (40 Code of Federal Regulations Part 312) Federal Register Vol. 78, No. 210, December 30, 2013. Any exceptions to, or deletions from, this practice are described within this report.

Property Description and Observations

The subject property is located at the northwest corner of East River Road and North Silverdale Lane in the southeast quarter of Section 23, Township 28 North, Range 3 East in Kay County, Oklahoma, and consists of an approximately 12.55 acres. Currently, the subject property is utilized for public hunting.

The subject property consisting of the proposed gun range was observed as an undeveloped wooded area. The eastern subject property boundary was observed to be a maintained mixed grass right-of-way (ROW) for an overhead powerline. The southwest portion of the subject property was observed with herbaceous and scrub-shrub floodplain terrace habitat. A dirt parking area is located along the southeastern boundary of the property and a dirt road extends to the south adjoining property. Additionally, an abandoned two-track road, overgrown with vegetation, extends northwest from the dirt parking area to the upper central portion of the subject property. At the end of this dirt road, general household trash was observed to be scattered throughout the area.

No foundations, ruins, or indications of previous structures were observed on the subject property.

No evidence of RECs in connection with the property was identified during the site reconnaissance.

The subject property is located in a rural area. The subject property is bound to the north, east, south and west by undeveloped woods. The west and a portion of the south adjoining properties consisted of floodplain terrace habitat. The subject property is also adjoined to the east by North Silverdale Lane.

Historical Use

From the historical information reviewed, ENERCON concludes the east half of the subject property was agriculturally developed by 1963 and was vacant by 1981. The subject property has remained wooded land developed with unpaved roads through the wooded areas. By 2010, the Arkansas River had risen to the west half of the subject property. This rise is also visible in the 2017 aerial photograph.

Based on the information reviewed, it appears that the historical review has not identified evidence of RECs in connection with the subject property's historical use.

Review of Federal and State Record Search

ENERCON's review of the EDR regulatory database report indicated that the subject property is not listed on researched regulatory databases and did not identify nearby sites deemed to have a potential to pose an environmental impact to the subject property.

ODWC~00006 Page 1 02/15/2019 Conclusions

We have performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E 1527 of the subject property. Any exceptions to, or deletions from, this practice are described in the Deviation section of this report.

This assessment has revealed no evidence of Recognized Environmental Conditions (RECs), Controlled RECs (CRECs), Historical RECs (HRECs), or Vapor Encroachment Conditions (VECs) in connection with the subject property.

ODWC~00006 Page 2 02/15/2019 1.0 Introduction

Enercon Services, Inc. (ENERCON) was retained by Oklahoma Department of Wildlife Conservation (ODWC) (hereafter referred to as Client), to perform a Phase I Environmental Site Assessment (ESA) of the property known as Proposed Kaw WMA Gun Range located at NWC of Intersection of E. River Road and N. Silverdale Lane near Newkirk, Kay County, Oklahoma (subject property). ENERCON performed the ESA in conformance with the Scope of Work and the provisions of the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process E 1527-13, thereby satisfying United States Environmental Protection Agency's (U. S. EPA) "Standards and Practices for All Appropriate Inquiries (AAI); Final Rule" (40 Code of Federal Regulations Part 312) Federal Register Vol. 78, No. 210, December 30, 2013. Any exceptions to, or deletions from, this practice are described within this report.

1.1 Purpose

The purpose of this Phase I ESA is to identify, to the extent feasible pursuant to the ASTM Practice E1527-13 and AAI, Final Rule 40 CFR Part 312, recognized environmental conditions (REC) in connection with the subject property.

The ASTM Standard was created "...in an effort to define good commercial and customary practice in the United States of America for conducting an environmental site assessment...." REC means "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment." The term is not intended to include de minimis conditions that generally do not present a material risk of harm to public health or the environment and that generally would not subject the subject property to an enforcement action if brought to the attention of appropriate governmental agencies.

A historical REC (HREC) is defined as "a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted residential use criteria established by a regulatory authority, without subjecting the property to any required controls (e.g., property use restrictions, activity and use limitations [AUL], institutional controls, or engineering controls). Before calling the past release an HREC, the Environmental Professional (EP) must determine whether the past release is a REC at the time the Phase I ESA is conducted (e.g., if there has been a change in the regulatory criteria)."

A controlled REC (CREC) is defined as "a REC resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (e.g., as evidenced by the issuance of a no further action [NFA] letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (e.g., property use restrictions, AULs, institutional controls, or engineering controls)." (ASTM 2013).

This practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner defense to Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) liability: that is, the practices that constitute "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined in 42 USC 9601(35)(B).

ENERCON understands that the subject property is either being bought, sold, or refinanced and that the Phase I ESA is being performed to satisfy the requirement for CERCLA "innocent purchaser" defense or to secure financing.

Pursuant to ASTM E 1527-13, an ESA meeting or exceeding this practice and for which the information was collected or updated within one year prior to the date of acquisition of the property or the date of the intended transaction may be used provided that the following components of the inquiries were conducted or updated within 180 days of the date of purchase or the date of the intended transaction:

ODWC~00006 Page 3 02/15/2019 (i) interviews with owners, operators, and occupants; (ii) searches for recorded environmental cleanup liens; (iii) reviews of federal, tribal, state, and local government records; (iv) visual inspections of the property and of adjoining properties; and (v) the declaration by the environmental professional responsible for the assessment or update.

1.2 Scope of Services (Reliance)

To facilitate the understanding of this report, the Scope-of-Services are divided into several tasks; the physical setting data, the historical information review, regulatory records review, site and adjoining property reconnaissance, and findings and conclusions.

Physical setting data are typically consulted when conditions have been identified in which potentially hazardous materials or petroleum related products are likely to migrate to the subject property, from the subject property, or within the subject property into the groundwater or soil. Typical concerns include contaminated soil, groundwater, surface water, and vapor. At a minimum, a current United States Geological Survey (USGS) 7.5 Minute Topographic Map detailing the subject property area is evaluated. As noted by the ASTM standard, other physical setting sources, revealing additional hydrogeologic, hydrologic, and soil conditions, may be included as necessary to meet assessment objectives.

The historical information review portion is performed in order to develop a history of the site and adjoining properties to identify past uses suggesting RECs that may pose an environmental concern to the subject property. In general accordance with ASTM guidelines, obvious uses of the subject property are researched from the present, back to the subject property's first developed use, or back to 1940, whichever is earlier. This task involves discretionary review of as many of the ASTM standard historical sources as necessary and reasonably ascertainable to meet this objective.

Federal and state databases compiled by an environmental database company are reviewed to identify registered or documented facilities which may present an environmental concern to the subject property. Reasonably ascertainable standard regulatory sources are reviewed for the subject property and vicinity within minimum search distances, as detailed in the ASTM standard. At the discretion of the EP, pertinent regulatory files and/or records associated with listings for the subject property and adjoining properties are reviewed.

Additionally, record sources may be reviewed to enhance or supplement the federal and state database information. Reasonably ascertainable and practically reviewable sources may include city and/or county department of health records, local fire department records, local planning and building inspection records, local regional pollution control or environmental agency records, city, county or state water agency files, and local electric utility records.

A site reconnaissance is performed to obtain and record obvious and apparent visual evidence suggesting RECs to the extent not obstructed by bodies of water, adjoining buildings, or other external or interior barriers or obstacles. Site features, such as readily accessible adjoining public thoroughfares and on-site roads and paths and accessible common areas expected to be used by occupants or the public, are identified. Inspections of large tracts of land are performed utilizing grid patterns or systematic approaches, and assessments of developed sites include a visual inspection of a representative sample of occupied spaces. Current site uses are documented, paying particular attention to uses involving the treatment, storage, disposal or generation of hazardous substances or petroleum products. Apparent evidence of past or present underground storage tanks (UST) or aboveground storage tanks (AST), surface stains, distressed vegetation, electrical transformers, land scars, drums, pits, ponds, lagoons, solid waste, waste water, septic systems, wells or obvious evidence of improper use or disposal of toxic or hazardous materials are documented. The reconnaissance includes observations of adjoining properties to identify general land use and apparent potential RECs. These observations are made from public access right-of-ways.

ENERCON personnel makes reasonable attempts to interview owners and occupants of the subject property, past owners to the extent that they have been identified, as well as local government personnel, to obtain information suggesting RECs which may present concerns to the subject property. ODWC~00006 Page 4 02/15/2019 In addition to ASTM E1527-13, ENERCON recognizes ASTM Standard Guide for Vapor Encroachment Screening (VES) on Property Involved in Real Estate Transactions (ASTM E2600-15) as an industry-accepted guideline for using Phase I ESA-type information to determine if a Vapor Encroachment Condition (VEC) exists at the subject property. Information compiled through completion of the above describe tasks (current and past property information, chemical use, government records, contaminated plume migration, significant subsurface conduits, groundwater depth and flow direction, and soil, geological, and contaminant characteristics) is used to conduct the VES.

VES consists of reviewing the Phase I ESA-type information combined with the application of professional judgment. ENERCON evaluates regulatory databases to determine if there are known or suspect contaminated sites within a minimum search distance of the target property. Further, ENERCON attempts to determine whether soil and/or groundwater has been impacted within the critical distance. Again, this screen is conducted using information available from the Phase I ESA investigation.

This Phase I ESA was prepared by ENERCON specifically for use by the Client. Use of or reliance upon this information by any other party without express written permission granted by ENERCON and the Client is not authorized and is completely at the risk of the user.

1.3 Deviations (Limitations, Exceptions and Data Gaps)

The intent of this investigation is to reduce uncertainty within reasonable limits of time and cost. No Phase I ESA can completely eliminate uncertainty regarding the potential for RECs in connection with a subject property.

Observations are based upon conditions on the specific date and time of the site reconnaissance. These observations are typically unable to address conditions of subsurface soil, groundwater, vapor, USTs, neighboring properties, and the like, unless specifically mentioned. It is not the purpose of this Phase I ESA to determine the actual presence, or degree or extent of contamination (if any) at the subject property. Unless specifically noted within this report, this Phase I ESA does not include testing, coring, or sampling and laboratory analysis to address groundwater, soil, vapor, or extraneous materials contamination in or on the subject property.

ENERCON makes no warranties or guarantees as to the accuracy or completeness of information obtained from or compiled by others. Information may also exist which was beyond the scope of this investigation, or was not provided to ENERCON, that may have an impact on the conclusions of this Phase I ESA.

This Phase I ESA has been conducted and prepared in accordance with generally accepted practices and procedures exercised by reputable professionals under similar circumstances. ENERCON makes no other warranties or guarantees, either expressed or implied, as to the findings, opinions, or recommendations contained in the report, or as to the existence or non-existence of RECs at the subject property.

ASTM E1527-13 directs that the Phase I ESA identify and comment on significant data gaps that affect the ability of the Environmental Professional to identify RECs. A data gap is defined as a lack of or inability to obtain information required despite good-faith efforts to gather information. Data gaps may result from incompleteness in any of the activities required by this practice. Data failure, or failure to achieve the historical research objectives even after reviewing the standard historical sources that are reasonably ascertainable and likely to be useful, is one type of data gap. A data gap is only significant if other information and/or professional experience raises reasonable concerns involving the data gap.

1.3.1 Data Gaps Encountered

As of the report issue date, a report user questionnaire and a property owner questionnaire have not been provided to ENERCON for review and inclusion in this PHI report. As soon as the completed questionnaires are received, ENERCON will include any additional information and submit a revised and finalized report to the Client. In the current state, the lack of these questionnaires present a data gap within this PHI ESA.

ODWC~00006 Page 5 02/15/2019 2.0 Site Reconnaissance

Mr. Chad McCoy of ENERCON performed a site reconnaissance of the subject property as well as the adjoining properties on January 31, 2019. The reconnaissance consisted of visual observations during a walking tour of the property. The site reconnaissance tasks included:

• Walking the perimeter and interior portions of the property

A site map and photographs are included in the appendix section of this report.

ENERCON was not accompanied and no interviews were conducted during the site reconnaissance.

2.1 Property Description and Observations

The subject property is located at the northwest corner of East River Road and North Silverdale Lane in the southeast quarter of Section 23, Township 28 North, Range 3 East in Kay County, Oklahoma, and consists of an approximately 12.55 acres. Currently, the subject property is utilized for public hunting.

The subject property consisting of the proposed gun range was observed as an undeveloped wooded area. The eastern subject property boundary was observed to be a maintained mixed grass right-of-way (ROW) for an overhead powerline. The southwest portion of the subject property was observed with herbaceous and scrub-shrub floodplain terrace habitat. A dirt parking area is located along the southeastern boundary of the property and a dirt road extends to the south adjoining property. Additionally, an abandoned two-track road, overgrown with vegetation, extends northwest from the dirt parking area to the upper central portion of the subject property. At the end of this dirt road, general household trash was observed to be scattered throughout the area.

No foundations, ruins, or indications of previous structures were observed on the subject property.

No evidence of RECs in connection with the property was identified during the site reconnaissance.

The subject property is located in a rural area. The subject property is bound to the north, east, south and west by undeveloped woods. The west and a portion of the south adjoining properties consisted of floodplain terrace habitat. The subject property is also adjoined to the east by North Silverdale Lane.

2.1.1 Storage Tanks

ENERCON's site reconnaissance revealed no evidence of past or present USTs, such as fill caps or vent pipes, on the subject property. No unusual ground conditions, which might indicate the presence of USTs, waste oil tanks, hydraulic lifts, or other obvious environmental concerns, were observed on the subject property during ENERCON's site reconnaissance.

ENERCON's site reconnaissance revealed no ASTs on the subject property.

2.1.2 Drums and Containers

No drums, hazardous substance or petroleum product containers, or unidentified substance containers were observed on the subject property at the time of ENERCON's site reconnaissance.

2.1.3 Wastestream Generation, Storage, and Disposal

No significant quantity of solid waste or evidence of landfills was observed during ENERCON's site reconnaissance; however, general household trash was observed on the upper central portion of the subject property.

ODWC~00006 Page 6 02/15/2019 2.1.4 Stains or Corrosion/Pools of Liquid

No stains, corrosion or pools of liquid were observed on the soil of subject property at the time of ENERCON's site reconnaissance.

2.1.5 Odors

No unusual odors were noted during ENERCON's site reconnaissance.

2.1.6 Polychlorinated Biphenyl

Electrical transformers are a potential source of environmental concern due to the possible presence of polychlorinated biphenyl (PCB)-containing cooling oils used in some units. Equipment containing hydraulic oil may also be PCB-containing. No potential sources of PCB-containing equipment (i.e. hydraulic equipment such as automotive lifts, trash compactors, or elevators) were observed on the subject property at the time of ENERCON's site reconnaissance. However, three pole-mounted transformers, labeled Non-PCB, were observed along the southeastern portion of the subject property boundary.

2.1.7 Heating and Cooling

No heating or air-conditioning systems were observed on the subject property.

2.1.8 Waste and Storm Water

No drains or sumps were observed on the subject property at the time of ENERCON's site reconnaissance.

No waste water was observed during ENERCON's site reconnaissance. Surface water runoff is generally expected to be directed toward the west-southwest.

2.1.9 Pits, Ponds, or Lagoons

No pits, ponds, lagoons, or other surface waters were observed on the subject property.

2.1.10 Stressed Vegetation

No stressed vegetation was observed on the subject property.

2.1.11 Wells

No wells (potable water, irrigation, abandoned, dry wells) were observed during ENERCON's site reconnaissance. No monitoring or injection wells or indications of remedial activities were observed on the subject property at the time of the site visit.

2.1.12 Oil and Gas Wells and Mine Shafts

No evidence of oil wells, gas wells, mine shafts or related activities was noted on the subject property. ENERCON reviewed information available at the Oklahoma Corporation Commission (OCC) Oil and Gas Division website on June 7, 2019 to determine whether records of oil or gas wells are on file for the subject property. One historic well record from 1949 was on file for the Southeast 1/4, of the Southeast 1/4 of Section 23, Township 28 North, Range 3 East. Thrifty Drilling Inc. drilled one 3,109 foot well (A-1) on the Haynes farm in 1949, resulting in a dry hole. According to the OCC report on file, the hole was filled with heavy drilling mud as the drill pipe laid down and was let to settle until March of 1950.

ODWC~00006 Page 7 02/15/2019 The hole was refilled to the surface casing with earth and capped with welded steel. ENERCON does not consider this an environmental concern

2.1.13 Railroad Spurs/Electrical Towers

No railroad spurs or electrical towers were observed during ENERCON's site reconnaissance.

2.1.14 Pesticide/Herbicide Application

No evidence of misuse or misapplication of pesticides, herbicides, or fertilizers was observed.

2.1.15 Septic Systems

No evidence of septic systems was observed during ENERCON's site reconnaissance.

2.1.16 Utility Providers

An overhead powerline was observed along the eastern subject property boundary. No other utilities were observed during ENERCON's site reconnaissance.

2.2 Surrounding Properties

ENERCON performed an area reconnaissance to identify obvious visual indications of present or past activities that have or could have impacted the subject property. The area reconnaissance was conducted by automobile, and/or on foot, unless otherwise noted. The general area consists primarily of undeveloped wooded areas (floodplain/bottom land terraces), agricultural land and cattle ranching.

The subject property is located within a rural area with land use consisting of rural residences, farming and ranching. The subject property is bound to the north, east, south and west by undeveloped woods. The west and a portion of the south adjoining properties consisted of floodplain terrace habitat. The subject property is also adjoined to the east by North Silverdale Lane.

ODWC~00006 Page 8 02/15/2019 3.0 Physical Setting

ENERCON reviews available sources of information in regard to the geology and hydrology of the subject property and surrounding area. The purpose of this review is to evaluate the sensitivity of the hydrogeology to potential contamination from sources either on or near the property. This section discusses the topography, regional geology, soil conditions, and hydrologic conditions of the subject property.

3.1 Topography

The subject property's physical setting is researched using a United States Geological Survey (USGS) 7.5 Minute Topographic Quadrangle Map relevant to the subject property. The USGS 7.5 Minute Quadrangle Map has an approximate scale of one inch equals 2000 feet, and shows physical features such as wetlands, roadways, mines, and buildings. The USGS 7.5 Minute Quadrangle Map is used as the Standard Physical Setting Source, and is sufficient as a single reference. An excerpt of this map is included as the Location Map.

On the Kaw City NW, Oklahoma Quadrangle Map the subject property and surrounding properties are illustrated primarily as undeveloped land. North Sheridan Lane and East River Road are illustrated. The subject property lies within a 500-year flood zone. A wetland is illustrated adjoining the subject property to the west. The Arkansas River is illustrated approximately 500 feet to the west. (USGS 2012).

No mines or wells are noted in the immediate area of the subject property. The elevation of the subject property is approximately 1,044 feet above mean sea level with a sloping gradient toward the west-southwest.

3.2 Geology

According to the geologic map, the surface soils at the subject property are underlain by the Oscar Group. The Oscar Group consists primarily of shale with many layers of limestones that pinch out southward, where fine-grained arkosic sandstones are thicker and more numerous. Near the Kansas border,the sequence is (descending): "Herington Limestone" (20 feet thick) at top, "Enterprise Shale" (45 feet thick), "Winfield Limestone, "Gage Shale" (80 feet thick), "Towanda Limestone" (3 feet thick), "Holmesville Shale" (25 feet thick), "Fort Riley Limestone,"Florence Flint"(30 feet thick), "Blue Springs Shale" (60 feet thick), "Kinney Limestone" (5 feet thick), "Wymore Shale" (22 feet thick), "Wreford Limestone," "Speiser Shale" (38 feet thick), "Funston Limestone (4 feet thick), "Blue Rapids Shale" (15 feet thick), "Crouse Limestone" (6 feet thick), "Easly Creek Shale" (12 feet thick), "Bader Limestone" (5 feet thick), "Stearns Shale" (10 feet thick), "Morrill Limestone" (2 feet thick), "Florena Shale" (6 feet thick), "Cottonwood Limestone," "Eskridge Shale" (6 feet thick), and "Neva Limestone" (25 feet thick) at base. Total thickness, about 400 feet.

3.3 Soil Conditions

The soil underlying the area of the subject property are generally characterized by the USDA, Natural Resource Conservation Service (NRCS) as Grainola-Ashport complex, Kirkland-Renfrow complex, Agra silt loam, and Agra-Foraker complex.

The Grainola series consists of moderately deep, well drained soils that formed in material weathered from shale of Permian age. These soils are on summits and backslopes of low hills in the Bluestem Hills and the Central Rolling Red Prairies. Slopes range from 1 to 25 percent.

The Ashport series consists of very deep, well drained soils that formed in loamy alluvium of Holocene age. These soils are on flood plains of small streams in the Central Rolling Red Prairies. Slopes range from 0 to 3 percent.

The Kirkland series consists of very deep, well drained, very slowly permeable soils that formed in material weathered from predominantly clayey mantles over shale of the Permian age. These nearly

ODWC~00006 Page 9 02/15/2019 level to very gently sloping soils are on broad treads of ancient terraces on uplands of the Central Rolling Red Plains. Slopes range from 0 to 3 percent.

The Renfrow series consists of very deep, well drained, very slowly permeable soils that formed in material weathered from clayey shale of Permian age. These nearly level to gently sloping soils are on broad smooth convex ridges and side slopes of uplands in the Central Rolling Red Prairies. Slopes range from 0 to 5 percent.

The Agra series consists of very deep, moderately well drained soils that formed in material weathered from shale or clay of Pennsylvanian age. These soils are on convex summits and backslopes of low hills in the Central Rolling Red Prairies. Slopes range from 1 to 5 percent.

The Foraker series consist of moderately deep, moderately well drained, slowly permeable soils that formed mainly in alkaline shale of Pennsylvanian age. These gently sloping to steep soils are on convex hillslopes of prairie uplands in the Bluestem Hills. Slopes range from 3 to 25 percent.

3.4 Hydrologic Conditions

According to information reviewed at the Oklahoma Water Resources Board (OWRB) website, the depth to groundwater in the area of the subject property is approximately 15 feet below ground surface (bgs).

No material reviewed specifically addressed measured groundwater gradient direction for the subject property. Since the subject property has had no previously reported subsurface investigations, no site-specific data was available. However, groundwater flow direction often corresponds with surface topography. Based on this, the expected groundwater gradient would be toward the southwest.

ODWC~00006 Page 10 02/15/2019 4.0 Historical Review Information

The objective of the site historical review is to develop an understanding of the history of the previous uses of the site and surrounding area, in an effort to help identify the likelihood of past uses or activities resulting in RECs in connection with the site. As defined by the ASTM Standard, a Standard Historical Source is considered complete if the information contained within the source provides the required information back to 1940, or to the first developed use (including agricultural). Ideally, the information should be available in either 5-year intervals or site milestone events (such as initial construction activities, demolition activities, etc.). However, available public and private historical sources do not always fulfill this goal, in which case the closest approximation is made based upon the sources readily available at the time of historical review. The historical review consisted of a search of various public and private Standard Historical Sources, as detailed in the sections below.

Aerial photographs are photographs taken from an airplane or helicopter. When taken from a low enough altitude, they allow the identification of development and activities in the area of a property on a particular date. Historic topographic maps show physical features and land use such as structures, wetlands, roadways, and mines over time.

City Directories have been published for major cities and towns across the United States since the 19th century. City Directories published in the 20th century included a street index for each street address during a given year. City Directories are a valuable source of historical information with regard to site tenancy and use.

Fire insurance maps are detailed drawings that show the location and use of structures on a given property during specific years. These maps were originally utilized by insurance companies to assess fire risk, but are now utilized as a valuable source of historical and environmental-risk information. Fire insurance maps typically exist for cities with populations of 2,000 or more, the coverage dependent on the location of the property.

Land title records and building department records may include information concerning a specific parcel, property development, previous use, and activity use limitations (AUL).

4.1 Historical Use

From the historical information reviewed, ENERCON concludes the east half of the subject property was agriculturally developed by 1963 and was vacant by 1981. The subject property has remained wooded land developed with unpaved roads through the wooded areas. By 2010, the Arkansas River had risen to the west half of the subject property. This rise is also visible in the 2017 aerial photograph.

Based on the information reviewed, it appears that the historical review has not identified evidence of RECs in connection with the subject property's historical use.

4.1.1 Summary of Historical Use

ENERCON reviewed readily available/reasonably ascertainable historical sources to determine past uses of the subject and adjoining properties. Historical sources reviewed may have included a combination of aerial photographs, topographic maps, fire insurance maps, city directories, building department records, recorded land title records, and other historical sources. If an attempt to obtain fire insurance maps was made, but none were available a "no coverage letter" was obtained. The following table is summary of the historical research.

Historical Summary Date Source Subject Property Adjoining Property 1963, 1977 Aerial Agriculturally developed and North: Undeveloped land Photographs wooded land. One small farm East: Unpaved road with structure and driveway visible in the undeveloped land beyond southeast corner of the subject South: Unpaved road with property. undeveloped land beyond ODWC~00006 Page 11 02/15/2019 Date Source Subject Property Adjoining Property West: Undeveloped, wooded land with the Arkansas River beyond 1981, 1991, Aerial Wooded, vacant land. Unpaved North: Undeveloped land with 1995, 2006, Photographs visible across subject property. unpaved road visible 2010, 2013 East: Unpaved road with undeveloped land beyond South: Unpaved road with undeveloped land beyond West: Undeveloped, wooded land with the Arkansas River beyond 2015, 2017 Aerial Wooded, vacant land. Unpaved North: Undeveloped land with Photographs visible across subject property. unpaved road visible Arkansas River has risen to the west East: Unpaved road with side of the subject property. undeveloped land beyond South: Unpaved road with undeveloped land beyond West: Undeveloped, wooded land with the Arkansas River beyond. Floodplain has risen to the subject property.

4.2 Interviews

Due to the undeveloped nature of the subject property, ENERCON was unaccompanied during site reconnaissance and did not conduct an interview with the subject property owner or any adjoining property landowners.

4.3 User's Responsibilities

As provided in the ASTM Standard and AAI Rule, it is the "user's" (party seeking to use Practice E 1527/AAI to complete the ESA [i.e. potential purchaser, potential tenant, owner]) responsibility to:

• Search for recorded environmental clean up liens and/or AULs;

• Provide "specialized knowledge" of the subject property and adjoining properties;

• And provide consideration of the relationship of the purchase price to the value of the property, if not contaminated.

Land title records include information concerning a specific parcel or real property and its leases, land contracts, and AULs or restrictive covenants used to eliminate potential exposure scenarios. Land titles can include information concerning land use controls or institutional controls for a specific property. According to ASTM E 1527-13, reasonably ascertainable recorded land title records and lien records filed under federal, tribal, state, or local law should be reviewed to identify environmental liens or AULs. Recorded environmental cleanup liens are encumbrances on property for the recovery of incurred cleanup costs on the part of a state, tribal or federal government agency or other third party. Recorded environmental cleanup liens often provide an indication that environmental conditions either currently exist or previously existed on a property that may include the release or threatened release of a hazardous substance. The existence of an environmental cleanup lien should be viewed as an indicator of potential environmental concerns and as a basis for further investigation into the potential existence of on-going or continued releases or threatened releases of hazardous substances on, at, in, or to the subject property.

The investigation must include a search for recorded environmental cleanup liens. If information is collected by the user, ASTM allows for, but does not require, the information to be provided to the environmental professional. If the user is aware of any specialized knowledge or experience material to

ODWC~00006 Page 12 02/15/2019 RECs in connection with the property, it is the user's responsibility to communicate any information based on such specialized knowledge or experience to the environmental professional.

• The report user did not provide ENERCON information resulting from the search of recorded environmental clean up liens and/or AULs.

• The report user did not communicate to ENERCON any specialized knowledge or experience material to RECs.

As of the report issue date, a report user questionnaire has not been provided to ENERCON for review and inclusion in this PHI report. As soon as the completed questionnaire is received, ENERCON will include any additional information and submit a revised and finalized report to the Client.

Question Response Enercon/User Comments Are you aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state or local law? Are you aware of any activity/use limitations, such as engineering controls, land use restrictions, or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal, state or local law? As the user of this ESA do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of a release or threatened releases? For example: Do you know the past uses of the property? Do you know of specific chemicals that are present or once were present at the property? Do you know of spills or chemical releases that have taken place at the property? Do you know of any environmental cleanups that have taken place at the property? As the user of this ESA, based on your knowledge and experience related to the property are there any obvious indicators

ODWC~00006 Page 13 02/15/2019 Question Response Enercon/User Comments that point to the presence or likely presence of contamination at the property?

4.4 Previous Environmental Documentation

No previous environmental reports prepared for the subject property were supplied for ENERCON's review.

ODWC~00006 Page 14 02/15/2019 5.0 Agency Records Review

In an effort to determine whether the property or nearby sites have reported USTs, hazardous waste generation, or hazardous material releases, regulatory information from the federal and state agencies as required by ASTM were reviewed. Several agencies have published documents that list businesses or properties that have handled hazardous materials or waste or may have experienced site contamination. The federal and state database review was provided by Environmental Data Resources (EDR) of Shelton, Connecticut and is reportedly the most recent database information available from each agency (EDR 2019). The number of sites which appear on reviewed databases are listed in the table below. If a database does not include any findings, it is not included on the table below, but can be viewed in the table included in the appended copy of the EDR report. All databases searched and their search range criteria are included in the appendix. ENERCON did not verify the locations and distances of every property listed by EDR. ENERCON verified the location and distances of the properties ENERCON deemed as having the potential to pose an environmental impact to the subject property. The actual location of the listed properties may differ from the EDR listing. The actual distances of the listed properties are based on observations during ENERCON's site reconnaissance.

5.1 Review of Agency Records Search

ENERCON's review of the EDR regulatory database report indicated that the subject property is not listed on researched regulatory databases and did not identify nearby sites deemed to have a potential to pose an environmental impact to the subject property.

5.2 Orphan Properties

The orphan or unmapped site list consists of listed properties that have inadequate address information. However, if street addresses are available, the site locations are checked against the known location of the subject property to determine their relative location from the subject property.

Based on available address information, business listings, and area reconnaissance, none of the orphan sites are located within the search radius of the subject property.

5.3 Local Agency Records Search

Following is a discussion of record searches performed at local government agencies or personal/telephone contacts made which provided information relevant to the subject property.

ENERCON contacted the Newkirk Fire Department on June 7, 2019, for the purpose of conducting a records search of past or current environmental concerns associated with the subject property. To date, no response has been received.

ENERCON reviewed information available at the Oklahoma Corporation Commission (OCC) website on June 7, 2019, to determine whether records of oil or natural gas production wells are on file for the subject property. The information available at the OCC website indicates that a production well had been installed at the subject property. This wells was non-producing and was plugged immediately after being drilled. The plugging records for this well is presented in the appendix to this report. ENERCON does not consider this an environmental concern.

ENERCON reviewed information available at the OWRB website on June 7, 2019, to determine whether records of water wells (including domestic, agricultural, groundwater monitoring, and injection wells) are on file for the subject property. According to the information reviewed, no records of water wells are on file for the subject property.

ENERCON reviews information available at the Oklahoma Department of Environmental Quality (ODEQ) Data Viewer on June 7, 2019, for the purpose of conducting a records search of past or current environmental concerns associated with the subject property. According to the information reviewed, no records of water wells are on file for the subject property.

ODWC~00006 Page 15 02/15/2019 ENERCON reviews information available at the National Pipeline Mapping System (NPMS) on June 7, 2019, for the purpose of conducting a records search of past or current environmental concerns associated with the subject property. According to the information reviewed, no records of water wells are on file for the subject property.

ODWC~00006 Page 16 02/15/2019 6.0 Additional Services

Certain conditions are beyond the scope of ASTM Phase I ESA and are therefore outside the scope of this assessment, unless specifically addressed in this report. Those conditions include but are not limited to:

• Corrosive Drywall (Chinese Drywall)

• Radon

• Asbestos

• Lead-based Paint

• Lead in Drinking Water

• Wetlands

• Regulatory Compliance

• Cultural and Historic Resources

• Industrial Hygiene

• Health and Safety

• Ecological Resources

• Endangered Species

• Indoor Air Quality

• High Voltage Powerlines and Electromagnetic Fields (EMF)

• Environmental Permitting Issues

• Radioactive Materials whether or not under the Jurisdiction of the Nuclear Regulatory Commission

Asbestos-Containing Materials

Asbestos is an incombustible, chemical-resistant, carcinogenic, fibrous mineral. Asbestos containing materials (ACM) have been used extensively in fireproofing, electrical insulation, building materials, brake linings, and chemical filters.

ENERCON's scope of work concerning ACM on the property was designed solely to identify the potential for contamination from the most obvious and common suspect ACM. The determination of exact quantities and locations of all ACM was beyond the scope of this ESA. Only readily accessible building materials were observed. Inaccessible areas are not included in our observations since they are normally investigated prior to building renovation or demolition work. Inaccessible areas include, but are not limited to, roofs, pipe chases behind solid walls and ceilings, concealed floor coverings, the interior of machinery and equipment, and the water and sewer system.

A material is considered to be asbestos-containing if it contains greater than one percent asbestos as analyzed by polarized light microscopy (PLM) coupled with dispersion staining techniques. Friable ACM, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. Non-friable ACM can be crumbled, pulverized, or reduced to powder during machining, cutting, drilling, or other

ODWC~00006 Page 17 02/15/2019 abrasive procedures. Friable ACM is more likely to release fibers when disturbed or damaged than non-friable ACM.

Based on the absence of structures at the subject property, ENERCON does not consider ACM to be an environmental concern.

Radon

Radon is a colorless, odorless, naturally-occurring, radioactive gas originating from the breakdown of uranium in the subsurface. Radon is a known carcinogen implicated as a cause of lung cancer. The US EPA has published a Map of Radon Zones in the United States, which indicates the property is in a Zone 3 potential for radon gas. Zone 3 has a predicted average indoor radon screening level of less than 2.0 pCi/L.The US EPA recommends additional testing and investigation when radon levels are greater than 4.0 pCi/L.

Due to the non-residential use of the subject property and the radon zone, radon is considered a low environmental concern.

Lead-Based Paint

Paints manufactured before 1960 were heavily leaded. Lead content was tapered off until 1978 when lead was banned from use in household paint. Lead is toxic to humans, especially children because of their size and weight. High concentrations of lead are believed by some medical authorities to cause mental retardation, seizures, coma, and death in children. Adults may suffer severe nervous disorders, but are less likely to die from acute lead exposure. Lead-based paint (LBP) in good condition is not usually a problem except in places where painted surfaces rub against each other and create dust, such as the friction surfaces of a painted window.

The US EPA does not publish a guideline or threshold limit specifically for lead in paint for private housing; however, the LBP Poisoning Prevention Act requires public housing projects to be inspected for LBP. Under the statute, LBP is defined as paint containing at least 0.5% lead by weight. Lead concentrations above this limit must be managed with an Operations and Maintenance (O&M) Program, or be abated if in poor condition. The 0.5% threshold is equivalent to 5,000 mg/kg (parts per million) of lead.

Based on the absence of structures at the subject property, ENERCON does not consider LBP to be an environmental concern.

Water Intrusion

Molds can be found almost anywhere, and will grow on virtually any organic substance as long as moisture and oxygen are present. There are molds that grow on wood, paper, carpet, foods, and insulation. When excessive moisture accumulates in buildings or on building materials, mold growth will often occur, particularly if the moisture source remains undiscovered, untreated, or ignored. It is impossible to eliminate all molds and mold spores in the indoor environment; however, mold growth can be controlled indoors in most cases by controlling the amount of moisture available. Moisture issues can result from many causes, including uncontrolled humidity, leaking roofs, plumbing or piping issues, condensation on water lines, etc. Delayed or insufficient maintenance practices are usually associated with moisture problems in commercial-use and multi-family residential buildings. Molds reproduce by propagating spores that usually cannot be seen without magnification. Mold spores continuously travel though the air and, after landing on a damp surface, begin to grow. Mold growth occurs through digestion of the parent material, which is destroyed as a result of this process.

Based on the absence of structures at the subject property, ENERCON does not consider water intrusion and/or mold to be a significant environmental concern.

ODWC~00006 Page 18 02/15/2019 Lead in Drinking Water

Potable water is supplied to the subject property by the City of Newkirk. According to information reviewed at the US EPA Safe Drinking Water Information System website, the City of Newkirk received a notice of violation regarding routine water testing in accordance with the EPA Lead and Copper Rule on January 19, 2010. Compliance was achieved on January 26, 2010. A second notice of violation, concerning public education requirements of the Lead and Copper Rule, was issued on June 8, 2011. Compliance was achieved on June 25, 2011. Neither of these notices of violation indicate the presence of lead in excess of the EPA's maximum contaminant level. Based on the nature of the violations and achievement of compliance, ENERCON does not consider these notices of violation an environmental concern.

ENERCON did not observe a source of potable water at the subject property during site reconnaissance.

ODWC~00006 Page 19 02/15/2019 7.0 Findings

The following summarizes the findings of this assessment.

7.1 Property Description and Observations

The subject property is located at the northwest corner of East River Road and North Silverdale Lane in the southeast quarter of Section 23, Township 28 North, Range 3 East in Kay County, Oklahoma, and consists of an approximately 12.55 acres. Currently, the subject property is utilized for public hunting.

The subject property consisting of the proposed gun range was observed as an undeveloped wooded area. The eastern subject property boundary was observed to be a maintained mixed grass right-of-way (ROW) for an overhead powerline. The southwest portion of the subject property was observed with herbaceous and scrub-shrub floodplain terrace habitat. A dirt parking area is located along the southeastern boundary of the property and a dirt road extends to the south adjoining property. Additionally, an abandoned two-track road, overgrown with vegetation, extends northwest from the dirt parking area to the upper central portion of the subject property. At the end of this dirt road, general household trash was observed to be scattered throughout the area.

No foundations, ruins, or indications of previous structures were observed on the subject property.

No evidence of RECs in connection with the property was identified during the site reconnaissance.

The subject property is located in a rural area. The subject property is bound to the north, east, south and west by undeveloped woods. The west and a portion of the south adjoining properties consisted of floodplain terrace habitat. The subject property is also adjoined to the east by North Silverdale Lane.

7.2 Historical Use

From the historical information reviewed, ENERCON concludes the east half of the subject property was agriculturally developed by 1963 and was vacant by 1981. The subject property has remained wooded land developed with unpaved roads through the wooded areas. By 2010, the Arkansas River had risen to the west half of the subject property. This rise is also visible in the 2017 aerial photograph.

Based on the information reviewed, it appears that the historical review has not identified evidence of RECs in connection with the subject property's historical use.

7.3 Review of Federal and State Record Search

ENERCON's review of the EDR regulatory database report indicated that the subject property is not listed on researched regulatory databases and did not identify nearby sites deemed to have a potential to pose an environmental impact to the subject property.

ODWC~00006 Page 20 02/15/2019 8.0 Conclusions

We have performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E 1527 of the subject property. Any exceptions to, or deletions from, this practice are described in the Deviation section of this report.

This assessment has revealed no evidence of Recognized Environmental Conditions (RECs), Controlled RECs (CRECs), Historical RECs (HRECs), or Vapor Encroachment Conditions (VECs) in connection with the subject property.

ODWC~00006 Page 21 02/15/2019 References

American Society for Testing and Materials (ASTM) 2013. Practice E 1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.

Environmental Data Resources, Inc. (EDR). 2019. Aerial Photo Decade Package, 1963, 1977, 1981, 1991, 1995, 2006, 2010, 2013, and 2017. Inquiry number 5555408.5, Proposed Kaw WMA Gun Range, NWC of Intersection of E. River Road and N. Silverdale Lane Newkirk, OK. February 7.

EDR. 2019. Certified Sanborn Map Report, No coverage. Inquiry number 5555408.3, Proposed Kaw WMA Gun Range, NWC of Intersection of E. River Road and N. Silverdale Lane Newkirk, OK. February 6.

EDR. 2019. Historical Topographic Map Report, 1935, 1963, and 2012. Inquiry number 5555408.9, Proposed Kaw WMA Gun Range, NWC of Intersection of E. River Road and N. Silverdale Lane Newkirk, OK. February 6.

EDR. 2019. Radius Map Report, Inquiry number 5555408.2s, Proposed Kaw WMA Gun Range, NWC of Intersection of E. River Road and N. Silverdale Lane Newkirk, OK. February 6.

Oklahoma Corporation Commission Imaging - OG Well Records. http://imaging.occweb.com/imaging/OGWellRecords.aspx Accessed February 6, 2019.

Oklahoma Water Resources Board (OWRB) Groundwater Well Data Map. http://owrb.maps.arcgis.com/apps/webappviewer/index.html?id=ed61209c40ec4f53bc51d2ffd18aa39b Accessed February 6, 2019.

Oklahoma Department of Environmental Quality (ODEQ) Data Viewer. https://gis.deq.ok.gov/maps/ Accessed February 6, 2019.

US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx Accessed February 6, 2019.

United States Environmental Protection Agency (USEPA) Water Systems Website for Newkirk, Oklahoma. https://ofmpub.epa.gov/apex/sfdw/f?p=108:103:::NO:RP:: Accessed Accessed February 6, 2019.

USEPA Map of Oklahoma Radon Zones. https://www.epa.gov/sites/production/files/2014-08/documents/oklahoma.pdf Accessed February 6, 2019.

National Pipeline Mapping System (NPMS) Public Map Viewer.https://pvnpms.phmsa.dot.gov/PublicViewer/ Accessed February 6, 2019.

U.S. Environmental Protection Agency. 2013. "Standards and Practices for All Appropriate Inquiries; Final Rule" (40 Code of Federal Regulations Part 312). Federal Register Vol. 78, No. 210. December 30

ODWC~00006 Page 22 02/15/2019 Figures Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane Figure 1 – Topographic Map (USGS) Newkirk, Oklahoma

Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary N. Silverdale Lane Arkansas River

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane Figure 2 – Site Map Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Photographs 1 : NW corner of s.p. facing E 2 : NW corner of s.p. facing S

3 : NW corner of s.p. facing SE 4 : Old rd facing NW

5 : Old rd facing SE 6 : S. Adjoining facing W

ODWC~00006 02/15/2019 7 : SE corner of s.p. facing N 8 : SE corner of s.p. facing NW

9 : SE corner of s.p. facing W 10 : SW corner of s.p. facing E

11 : SW corner of s.p. facing N 12 : SW corner of s.p. facing NE

ODWC~00006 02/15/2019 13 : Trash dump facing NE see notes & kmz 14 : Trash dump facing NW see notes & kmz

15 : W. Adjoining 16 : E. Adjoining

17 : E. River Rd facing south 18 : E. Side facing N

ODWC~00006 02/15/2019 19 : E. Side facing S 20 : N. Adjoining

21 : NE corner of s.p. facing S 22 : NE corner of s.p. facing SW

23 : NE corner of s.p. facing W 24 : Non-PCB transformers

ODWC~00006 02/15/2019 Historical Research Documentation Approximate Subject Property Boundary

Proposed Kaw WMA Gun Range

NWC of Intersection of E. River Road N & N. Silverdale Lane 1935 Topographic Map (USGS) Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

Proposed Kaw WMA Gun Range

NWC of Intersection of E. River Road N & N. Silverdale Lane 1963 Topographic Map (USGS) Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

Proposed Kaw WMA Gun Range

NWC of Intersection of E. River Road N & N. Silverdale Lane 2012 Topographic Map (USGS) Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

Proposed Kaw WMA Gun Range

NWC of Intersection of E. River Road N & N. Silverdale Lane 2018 Topographic Map (USGS) Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 1963 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 1977 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 1981 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 1991 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 1995 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 2006 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 2010 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 2013 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 2015 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Approximate Subject Property Boundary

N Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road & N. Silverdale Lane 2017 Aerial Photograph Newkirk, Oklahoma Not to Scale PROJECT NO: ODWC00006 Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road and N. Silver Newkirk, OK 74647

Inquiry Number: 5555408.3 February 06, 2019

Certified Sanborn® Map Report

6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com Certified Sanborn® Map Report 02/06/19 Site Name: Client Name: Proposed Kaw WMA Gun Range Enercon Services, Inc. NWC of Intersection of E. River Road and15770 N. Silver North Dallas Parkway Suite 400 Newkirk, OK 74647 Dallas, TX 75248 EDR Inquiry # 5555408.3 Contact: Seth Scherm

The Sanborn Library has been searched by EDR and maps covering the target property location as provided by Enercon Services, Inc. were identified for the years listed below. The Sanborn Library is the largest, most complete collection of fire insurance maps. The collection includes maps from Sanborn, Bromley, Perris & Browne, Hopkins, Barlow, and others. Only Environmental Data Resources Inc. (EDR) is authorized to grant rights for commercial reproduction of maps by the Sanborn Library LLC, the copyright holder for the collection. Results can be authenticated by visiting www.edrnet.com/sanborn.

The Sanborn Library is continually enhanced with newly identified map archives. This report accesses all maps in the collection as of the day this report was generated. Certified Sanborn Results:

Certification # DDB5-4B25-BDF0 PO # ODWC 00006 Project

UNMAPPED PROPERTY Sanborn® Library search results This report certifies that the complete holdings of the Sanborn Library, Certification #: DDB5-4B25-BDF0 LLC collection have been searched based on client supplied target property information, and fire insurance maps covering the target property The Sanborn Library includes more than 1.2 million fire insurance maps from Sanborn, Bromley, Perris & were not found. Browne, Hopkins, Barlow and others which track historical property usage in approximately 12,000 American cities and towns. Collections searched:

Library of Congress University Publications of America

EDR Private Collection

The Sanborn Library LLC Since 1866™

Limited Permission To Make Copies

Enercon Services, Inc. (the client) is permitted to make up to FIVE photocopies of this Sanborn Map transmittal and each fire insurance map accompanying this report solely for the limited use of its customer. No one other than the client is authorized to make copies. Upon request made directly to an EDR Account Executive, the client may be permitted to make a limited number of additional photocopies. This permission is conditioned upon compliance by the client, its customer and their agents with EDR's copyright policy; a copy of which is available upon request.

Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners.

5555408 - 3 page 2 Regulatory Records Documentation Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road and N. Silver Newkirk, OK 74647

Inquiry Number: 5555408.2s February 06, 2019

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6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com

FORM-LBD-GON TABLE OF CONTENTS

SECTION PAGE

Executive Summary ES1 Overview Map 2 Detail Map 3 Map Findings Summary 4 Map Findings 8 Orphan Summary 9 Government Records Searched/Data Currency Tracking GR-1

GEOCHECK ADDENDUM

Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map A-5 Physical Setting Source Map A-12 Physical Setting Source Map Findings A-14 Physical Setting Source Records Searched PSGR-1

Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments.

Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2018 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners.

TC5555408.2s Page 1 EXECUTIVE SUMMARY

A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate.

TARGET PROPERTY INFORMATION

ADDRESS

NWC OF INTERSECTION OF E. RIVER ROAD AND N. SILVER NEWKIRK, OK 74647

COORDINATES

Latitude (North): 36.8849730 - 36˚ 53’ 5.90’’ Longitude (West): 96.9429630 - 96˚ 56’ 34.66’’ Universal Tranverse Mercator: Zone 14 UTM X (Meters): 683317.9 UTM Y (Meters): 4083885.0 Elevation: 1044 ft. above sea level

USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY

Target Property Map: 5927534 KAW CITY NW, OK Version Date: 2012

South Map: 5927554 UNCAS, OK Version Date: 2012

AERIAL PHOTOGRAPHY IN THIS REPORT

Portions of Photo from: 20150623 Source: USDA

TC5555408.2s EXECUTIVE SUMMARY 1 MAPPED SITES SUMMARY

Target Property Address: NWC OF INTERSECTION OF E. RIVER ROAD AND N. SILVER NEWKIRK, OK 74647

Click on Map ID to see full detail.

MAP RELATIVE DIST (ft. & mi.) IDSITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION

NO MAPPED SITES FOUND

5555408.2s Page 2 EXECUTIVE SUMMARY

TARGET PROPERTY SEARCH RESULTS

The target property was not listed in any of the databases searched by EDR.

DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR’s search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases:

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list NPL National Priority List Proposed NPL Proposed National Priority List Sites NPL LIENS Federal Superfund Liens

Federal Delisted NPL site list Delisted NPL National Priority List Deletions

Federal CERCLIS list FEDERAL FACILITY Federal Facility Site Information listing SEMS Superfund Enterprise Management System

Federal CERCLIS NFRAP site list SEMS-ARCHIVE Superfund Enterprise Management System Archive

Federal RCRA CORRACTS facilities list CORRACTS Corrective Action Report

Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF RCRA - Treatment, Storage and Disposal

Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG RCRA - Small Quantity Generators RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator

Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System US ENG CONTROLS Engineering Controls Sites List

TC5555408.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY

US INST CONTROL Sites with Institutional Controls

Federal ERNS list ERNS Emergency Response Notification System

State- and tribal - equivalent CERCLIS SHWS The Land Report

State and tribal landfill and/or solid waste disposal site lists SWF/LF Permitted Solid Waste Disposal & Processing Facilities

State and tribal leaking storage tank lists LUST Leaking Underground Storage Tank List LAST Leaking Aboveground Storage Tanks List INDIAN LUST Leaking Underground Storage Tanks on Indian Land

State and tribal registered storage tank lists FEMA UST Underground Storage Tank Listing UST Underground Storage Tank Listing AST Aboveground Storage Tanks INDIAN UST Underground Storage Tanks on Indian Land

State and tribal institutional control / engineering control registries INST CONTROL Institutional Control Sites

State and tribal voluntary cleanup sites VCP Voluntary Cleanup Site Inventory INDIAN VCP Voluntary Cleanup Priority Listing

State and tribal Brownfields sites BROWNFIELDS Brownfield Sites

ADDITIONAL ENVIRONMENTAL RECORDS

Local Brownfield lists US BROWNFIELDS A Listing of Brownfields Sites

Local Lists of Landfill / Solid Waste Disposal Sites SWRCY Recycling Facilities INDIAN ODI Report on the Status of Open Dumps on Indian Lands ODI Open Dump Inventory DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations IHS OPEN DUMPS Open Dumps on Indian Land

Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register

TC5555408.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY

US CDL National Clandestine Laboratory Register

Local Lists of Registered Storage Tanks HIST UST Underground Storage Tank List, List II Version

Local Land Records LIENS 2 CERCLA Lien Information

Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System OK COMPLAINT Oklahoma Complaint System Database

Other Ascertainable Records RCRA NonGen / NLR RCRA - Non Generators / No Longer Regulated FUDS Formerly Used Defense Sites DOD Department of Defense Sites SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST EPA WATCH LIST 2020 COR ACTION 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS Toxic Chemical Release Inventory System SSTS Section 7 Tracking Systems ROD Records Of Decision RMP Risk Management Plans RAATS RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS PCB Activity Database System ICIS Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS Material Licensing Tracking System COAL ASH DOE Steam-Electric Plant Operation Data COAL ASH EPA Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees INDIAN RESERV Indian Reservations FUSRAP Formerly Utilized Sites Remedial Action Program UMTRA Uranium Mill Tailings Sites LEAD SMELTERS Lead Smelter Sites US AIRS Aerometric Information Retrieval System Facility Subsystem US MINES Mines Master Index File ABANDONED MINES Abandoned Mines FINDS Facility Index System/Facility Registry System DOCKET HWC Hazardous Waste Compliance Docket Listing UXO Unexploded Ordnance Sites ECHO Enforcement & Compliance History Information FUELS PROGRAM EPA Fuels Program Registered Listing

TC5555408.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY

AIRS Permitted AIRS Facility Listing DRYCLEANERS Drycleaner Facility Listing Financial Assurance Financial Assurance Information Listing TIER 2 Tier 2 Data Listing UIC Underground Injection Wells Database Listing

EDR HIGH RISK HISTORICAL RECORDS

EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner EDR Exclusive Historical Cleaners

EDR RECOVERED GOVERNMENT ARCHIVES

Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST Recovered Government Archive Leaking Underground Storage Tank

SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified.

Unmappable (orphan) sites are not considered in the foregoing analysis.

TC5555408.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY

There were no unmapped sites in this report.

TC5555408.2s EXECUTIVE SUMMARY 7 0 2

1

0 0

1

6 0

1 0 1 2

0 1 0 2 1

1

6 1 6 4 0

1

0 1

1 1

1

0

8 0

1

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0 0 1 2 2 1 0 0 0 6 1 1 0 1

4

0

0

8 0 0 6 1 1

1

1

1

2

0

1 0 4

0 0 6

1

1

0 0 1 1 6 1 2 1

0 6

1 1 0 4 0 1 1 0 0 1 0 1

2

0 1 0 8 0

1 0 4 1 0 0 0 0 0 4 1 0 0 0 1 0 0 8 1 0

1 0 4 0

1 0 8 0

1120 1

1 0 0 4 4 0 0

1 0 00

1 0 0 0

1000 1040 1000

EDR Inc.EDR Inc. 1160

1080 1120 1000

1040

EDR Inc.EDR Inc. MAP FINDINGS SUMMARY

Search Distance Target Total Database(Miles) Property < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS 1.000 0 0 0 0 NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS-ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LUST 0.500 0 0 0 NR NR 0 LAST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists FEMA UST 0.250 0 0 NR NR NR 0

TC5555408.2s Page 4 MAP FINDINGS SUMMARY

Search Distance Target Total Database(Miles) Property < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control / engineering control registries INST CONTROL 0.500 0 0 0 NR NR 0 State and tribal voluntary cleanup sites VCP 0.500 0 0 0 NR NR 0 INDIAN VCP 0.500 0 0 0 NR NR 0 State and tribal Brownfields sites BROWNFIELDS 0.500 0 0 0 NR NR 0

ADDITIONAL ENVIRONMENTAL RECORDS

Local Brownfield lists US BROWNFIELDS 0.500 0 0 0 NR NR 0 Local Lists of Landfill / Solid Waste Disposal Sites SWRCY 0.500 0 0 0 NR NR 0 INDIAN ODI 0.500 0 0 0 NR NR 0 ODI 0.500 0 0 0 NR NR 0 DEBRIS REGION 9 0.500 0 0 0 NR NR 0 IHS OPEN DUMPS 0.500 0 0 0 NR NR 0 Local Lists of Hazardous waste / Contaminated Sites US HIST CDL TP NR NR NR NR NR 0 US CDL TP NR NR NR NR NR 0 Local Lists of Registered Storage Tanks HIST UST 0.250 0 0 NR NR NR 0 Local Land Records LIENS 2 TP NR NR NR NR NR 0 Records of Emergency Release Reports HMIRS TP NR NR NR NR NR 0 OK COMPLAINT TP NR NR NR NR NR 0 Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR 0 FUDS 1.000 0 0 0 0 NR 0 DOD 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0 US FIN ASSUR TP NR NR NR NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0

TC5555408.2s Page 5 MAP FINDINGS SUMMARY

Search Distance Target Total Database(Miles) Property < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

2020 COR ACTION 0.250 0 0 NR NR NR 0 TSCA TP NR NR NR NR NR 0 TRIS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ROD 1.000 0 0 0 0 NR 0 RMP TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 PRP TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 DOT OPS TP NR NR NR NR NR 0 CONSENT 1.000 0 0 0 0 NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 FUSRAP 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 LEAD SMELTERS TP NR NR NR NR NR 0 US AIRS TP NR NR NR NR NR 0 US MINES 0.250 0 0 NR NR NR 0 ABANDONED MINES 0.250 0 0 NR NR NR 0 FINDS TP NR NR NR NR NR 0 DOCKET HWC TP NR NR NR NR NR 0 UXO 1.000 0 0 0 0 NR 0 ECHO TP NR NR NR NR NR 0 FUELS PROGRAM 0.250 0 0 NR NR NR 0 AIRS TP NR NR NR NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 Financial Assurance TP NR NR NR NR NR 0 TIER 2 TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0

EDR HIGH RISK HISTORICAL RECORDS

EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 EDR Hist Auto 0.125 0 NR NR NR NR 0 EDR Hist Cleaner 0.125 0 NR NR NR NR 0

EDR RECOVERED GOVERNMENT ARCHIVES

Exclusive Recovered Govt. Archives RGA HWS TP NR NR NR NR NR 0 RGA LF TP NR NR NR NR NR 0

TC5555408.2s Page 6 MAP FINDINGS SUMMARY

Search Distance Target Total Database(Miles) Property < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

RGA LUST TP NR NR NR NR NR 0

- Totals -- 0 0 0 0 0 0 0

NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database

TC5555408.2s Page 7 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number

NO SITES FOUND

TC5555408.2s Page 8 Count: 0 records. ORPHAN SUMMARY

City EDR ID Site Name Site Address Zip Database(s)

NO SITES FOUND

TC5555408.2s Page 9 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required.

Number of Days to Update: Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public.

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list

NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA’s Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 12/12/2018 Source: EPA Date Data Arrived at EDR: 12/28/2018 Telephone: N/A Date Made Active in Reports: 01/11/2019 Last EDR Contact: 12/28/2018 Number of Days to Update: 14 Next Scheduled EDR Contact: 04/15/2019 Data Release Frequency: Quarterly

NPL Site Boundaries Sources: EPA’s Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 EPA Region 6 Telephone 617-918-1143 Telephone: 214-655-6659 EPA Region 3 EPA Region 7 Telephone 215-814-5418 Telephone: 913-551-7247 EPA Region 4 EPA Region 8 Telephone 404-562-8033 Telephone: 303-312-6774 EPA Region 5 EPA Region 9 Telephone 312-886-6686 Telephone: 415-947-4246 EPA Region 10 Telephone 206-553-8665

Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 12/12/2018 Source: EPA Date Data Arrived at EDR: 12/28/2018 Telephone: N/A Date Made Active in Reports: 01/11/2019 Last EDR Contact: 12/28/2018 Number of Days to Update: 14 Next Scheduled EDR Contact: 04/15/2019 Data Release Frequency: Quarterly

NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens.

TC5555408.2s Page GR-1 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

Date of Government Version: 10/15/1991 Source: EPA Date Data Arrived at EDR: 02/02/1994 Telephone: 202-564-4267 Date Made Active in Reports: 03/30/1994 Last EDR Contact: 08/15/2011 Number of Days to Update: 56 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned

Federal Delisted NPL site list

Delisted NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 12/12/2018 Source: EPA Date Data Arrived at EDR: 12/28/2018 Telephone: N/A Date Made Active in Reports: 01/11/2019 Last EDR Contact: 12/28/2018 Number of Days to Update: 14 Next Scheduled EDR Contact: 04/15/2019 Data Release Frequency: Quarterly

Federal CERCLIS list

FEDERAL FACILITY: Federal Facility Site Information listing A listing of National Priority List (NPL) and Base Realignment and Closure (BRAC) sites found in the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) Database where EPA Federal Facilities Restoration and Reuse Office is involved in cleanup activities. Date of Government Version: 11/07/2016 Source: Environmental Protection Agency Date Data Arrived at EDR: 01/05/2017 Telephone: 703-603-8704 Date Made Active in Reports: 04/07/2017 Last EDR Contact: 01/04/2019 Number of Days to Update: 92 Next Scheduled EDR Contact: 04/15/2019 Data Release Frequency: Varies

SEMS: Superfund Enterprise Management System SEMS (Superfund Enterprise Management System) tracks hazardous waste sites, potentially hazardous waste sites, and remedial activities performed in support of EPA’s Superfund Program across the United States. The list was formerly know as CERCLIS, renamed to SEMS by the EPA in 2015. The list contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This dataset also contains sites which are either proposed to or on the National Priorities List (NPL) and the sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 12/12/2018 Source: EPA Date Data Arrived at EDR: 12/28/2018 Telephone: 800-424-9346 Date Made Active in Reports: 01/11/2019 Last EDR Contact: 12/28/2018 Number of Days to Update: 14 Next Scheduled EDR Contact: 04/29/2019 Data Release Frequency: Quarterly

Federal CERCLIS NFRAP site list

SEMS-ARCHIVE: Superfund Enterprise Management System Archive

TC5555408.2s Page GR-2 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

SEMS-ARCHIVE (Superfund Enterprise Management System Archive) tracks sites that have no further interest under the Federal Superfund Program based on available information. The list was formerly known as the CERCLIS-NFRAP, renamed to SEMS ARCHIVE by the EPA in 2015. EPA may perform a minimal level of assessment work at a site while it is archived if site conditions change and/or new information becomes available. Archived sites have been removed and archived from the inventory of SEMS sites. Archived status indicates that, to the best of EPA’s knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list the site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. The decision does not necessarily mean that there is no hazard associated with a given site; it only means that. based upon available information, the location is not judged to be potential NPL site. Date of Government Version: 12/13/2018 Source: EPA Date Data Arrived at EDR: 12/28/2018 Telephone: 800-424-9346 Date Made Active in Reports: 01/11/2019 Last EDR Contact: 12/28/2018 Number of Days to Update: 14 Next Scheduled EDR Contact: 04/29/2019 Data Release Frequency: Quarterly

Federal RCRA CORRACTS facilities list

CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 03/01/2018 Source: EPA Date Data Arrived at EDR: 03/28/2018 Telephone: 800-424-9346 Date Made Active in Reports: 06/22/2018 Last EDR Contact: 12/03/2018 Number of Days to Update: 86 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

Federal RCRA non-CORRACTS TSD facilities list

RCRA-TSDF: RCRA - Treatment, Storage and Disposal RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. Date of Government Version: 03/01/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/28/2018 Telephone: 214-665-6444 Date Made Active in Reports: 06/22/2018 Last EDR Contact: 12/03/2018 Number of Days to Update: 86 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

Federal RCRA generators list

RCRA-LQG: RCRA - Large Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 03/01/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/28/2018 Telephone: 214-665-6444 Date Made Active in Reports: 06/22/2018 Last EDR Contact: 12/03/2018 Number of Days to Update: 86 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

TC5555408.2s Page GR-3 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

RCRA-SQG: RCRA - Small Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. Date of Government Version: 03/01/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/28/2018 Telephone: 214-665-6444 Date Made Active in Reports: 06/22/2018 Last EDR Contact: 12/03/2018 Number of Days to Update: 86 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

RCRA-CESQG: RCRA - Conditionally Exempt Small Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Conditionally exempt small quantity generators (CESQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Date of Government Version: 03/01/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/28/2018 Telephone: 214-665-6444 Date Made Active in Reports: 06/22/2018 Last EDR Contact: 12/03/2018 Number of Days to Update: 86 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

Federal institutional controls / engineering controls registries

LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version: 10/17/2018 Source: Department of the Navy Date Data Arrived at EDR: 10/25/2018 Telephone: 843-820-7326 Date Made Active in Reports: 12/07/2018 Last EDR Contact: 10/15/2018 Number of Days to Update: 43 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: Varies

US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version: 07/31/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 08/28/2018 Telephone: 703-603-0695 Date Made Active in Reports: 09/14/2018 Last EDR Contact: 02/04/2019 Number of Days to Update: 17 Next Scheduled EDR Contact: 03/11/2019 Data Release Frequency: Varies

US INST CONTROL: Sites with Institutional Controls A listing of sites with institutional controls in place. Institutional controls include administrative measures, such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally required as part of the institutional controls. Date of Government Version: 07/31/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 08/28/2018 Telephone: 703-603-0695 Date Made Active in Reports: 09/14/2018 Last EDR Contact: 02/04/2019 Number of Days to Update: 17 Next Scheduled EDR Contact: 03/11/2019 Data Release Frequency: Varies

TC5555408.2s Page GR-4 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

Federal ERNS list

ERNS: Emergency Response Notification System Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 09/24/2018 Source: National Response Center, United States Coast Guard Date Data Arrived at EDR: 09/25/2018 Telephone: 202-267-2180 Date Made Active in Reports: 11/09/2018 Last EDR Contact: 01/29/2019 Number of Days to Update: 45 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

State- and tribal - equivalent CERCLIS

SHWS: Voluntary Cleanup & Superfund Site Status Report Land restoration projects carried out in several DEQ programs. Date of Government Version: 12/31/2009 Source: Department of Environmental Quality Date Data Arrived at EDR: 05/28/2010 Telephone: 405-702-5100 Date Made Active in Reports: 07/13/2010 Last EDR Contact: 11/16/2018 Number of Days to Update: 46 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: Varies

State and tribal landfill and/or solid waste disposal site lists

SWF/LF: Permitted Solid Waste Disposal & Processing Facilities Solid Waste Facilities/Landfill Sites. SWF/LF type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 06/20/2018 Source: Department of Environmental Quality Date Data Arrived at EDR: 10/31/2018 Telephone: 405-702-5184 Date Made Active in Reports: 12/18/2018 Last EDR Contact: 02/01/2019 Number of Days to Update: 48 Next Scheduled EDR Contact: 05/13/2019 Data Release Frequency: Annually

State and tribal leaking storage tank lists

LUST: Leaking Underground Storage Tank List Leaking Underground Storage Tank Incident Reports. LUST records contain an inventory of reported leaking underground storage tank incidents. Not all states maintain these records, and the information stored varies by state. Date of Government Version: 12/07/2018 Source: Oklahoma Corporation Commission Date Data Arrived at EDR: 12/26/2018 Telephone: 405-521-3107 Date Made Active in Reports: 01/07/2019 Last EDR Contact: 12/26/2018 Number of Days to Update: 12 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Varies

LAST: Leaking Aboveground Storage Tanks List Leaking aboveground storage tank site locations. Date of Government Version: 12/07/2018 Source: Oklahoma Corporation Commission Date Data Arrived at EDR: 12/26/2018 Telephone: 405-522-4640 Date Made Active in Reports: 01/07/2019 Last EDR Contact: 12/26/2018 Number of Days to Update: 12 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Varies

INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming.

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Date of Government Version: 04/25/2018 Source: EPA Region 8 Date Data Arrived at EDR: 05/18/2018 Telephone: 303-312-6271 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in New Mexico and Oklahoma. Date of Government Version: 04/01/2018 Source: EPA Region 6 Date Data Arrived at EDR: 05/18/2018 Telephone: 214-665-6597 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 05/08/2018 Source: EPA Region 4 Date Data Arrived at EDR: 05/18/2018 Telephone: 404-562-8677 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN LUST R5: Leaking Underground Storage Tanks on Indian Land Leaking underground storage tanks located on Indian Land in Michigan, Minnesota and Wisconsin. Date of Government Version: 04/12/2018 Source: EPA, Region 5 Date Data Arrived at EDR: 05/18/2018 Telephone: 312-886-7439 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Arizona, California, New Mexico and Nevada Date of Government Version: 04/10/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 05/18/2018 Telephone: 415-972-3372 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Iowa, Kansas, and Nebraska Date of Government Version: 04/24/2018 Source: EPA Region 7 Date Data Arrived at EDR: 05/18/2018 Telephone: 913-551-7003 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Alaska, Idaho, Oregon and Washington. Date of Government Version: 04/12/2018 Source: EPA Region 10 Date Data Arrived at EDR: 05/18/2018 Telephone: 206-553-2857 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

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INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version: 04/13/2018 Source: EPA Region 1 Date Data Arrived at EDR: 05/18/2018 Telephone: 617-918-1313 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

State and tribal registered storage tank lists

FEMA UST: Underground Storage Tank Listing A listing of all FEMA owned underground storage tanks. Date of Government Version: 05/15/2017 Source: FEMA Date Data Arrived at EDR: 05/30/2017 Telephone: 202-646-5797 Date Made Active in Reports: 10/13/2017 Last EDR Contact: 01/08/2019 Number of Days to Update: 136 Next Scheduled EDR Contact: 04/22/2019 Data Release Frequency: Varies

UST: Underground Storage Tank Listing Registered Underground Storage Tanks. UST’s are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) and must be registered with the state department responsible for administering the UST program. Available information varies by state program. Date of Government Version: 12/07/2018 Source: Oklahoma Corporation Commission Date Data Arrived at EDR: 12/26/2018 Telephone: 405-521-3107 Date Made Active in Reports: 01/07/2019 Last EDR Contact: 12/26/2018 Number of Days to Update: 12 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Varies

AST: Aboveground Storage Tanks Registered Aboveground Storage Tanks. Date of Government Version: 12/07/2018 Source: Oklahoma Corporation Commission Date Data Arrived at EDR: 12/26/2018 Telephone: 405-521-3107 Date Made Active in Reports: 01/07/2019 Last EDR Contact: 12/26/2018 Number of Days to Update: 12 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Varies

INDIAN UST R10: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 10 (Alaska, Idaho, Oregon, Washington, and Tribal Nations). Date of Government Version: 04/12/2018 Source: EPA Region 10 Date Data Arrived at EDR: 05/18/2018 Telephone: 206-553-2857 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN UST R4: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Tribal Nations) Date of Government Version: 05/08/2018 Source: EPA Region 4 Date Data Arrived at EDR: 05/18/2018 Telephone: 404-562-9424 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

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INDIAN UST R8: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations). Date of Government Version: 04/25/2018 Source: EPA Region 8 Date Data Arrived at EDR: 05/18/2018 Telephone: 303-312-6137 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN UST R7: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 7 (Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations). Date of Government Version: 04/24/2018 Source: EPA Region 7 Date Data Arrived at EDR: 05/18/2018 Telephone: 913-551-7003 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN UST R6: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 6 (Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes). Date of Government Version: 04/01/2018 Source: EPA Region 6 Date Data Arrived at EDR: 05/18/2018 Telephone: 214-665-7591 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN UST R5: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 5 (Michigan, Minnesota and Wisconsin and Tribal Nations). Date of Government Version: 04/12/2018 Source: EPA Region 5 Date Data Arrived at EDR: 05/18/2018 Telephone: 312-886-6136 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN UST R1: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and ten Tribal Nations). Date of Government Version: 04/13/2018 Source: EPA, Region 1 Date Data Arrived at EDR: 05/18/2018 Telephone: 617-918-1313 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

INDIAN UST R9: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 9 (Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations). Date of Government Version: 04/10/2018 Source: EPA Region 9 Date Data Arrived at EDR: 05/18/2018 Telephone: 415-972-3368 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 01/25/2019 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

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State and tribal institutional control / engineering control registries

INST CONTROL: Institutional Control Sites Sites with institutional controls in place. Date of Government Version: 03/01/2018 Source: Department of Environmental Quality Date Data Arrived at EDR: 05/17/2018 Telephone: 405-702-5100 Date Made Active in Reports: 07/02/2018 Last EDR Contact: 11/15/2018 Number of Days to Update: 46 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: Quarterly

State and tribal voluntary cleanup sites

INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 07/27/2015 Source: EPA, Region 1 Date Data Arrived at EDR: 09/29/2015 Telephone: 617-918-1102 Date Made Active in Reports: 02/18/2016 Last EDR Contact: 12/19/2018 Number of Days to Update: 142 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Varies

VCP: Voluntary Cleanup Site Inventory Investigations and cleanups by groups or individuals participating in the Voluntary Cleanup Program (VCP). Date of Government Version: 09/29/2018 Source: Department of Environmental Quality Date Data Arrived at EDR: 11/15/2018 Telephone: 405-702-5100 Date Made Active in Reports: 01/03/2019 Last EDR Contact: 11/15/2018 Number of Days to Update: 49 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: Quarterly

INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located in Region 7. Date of Government Version: 03/20/2008 Source: EPA, Region 7 Date Data Arrived at EDR: 04/22/2008 Telephone: 913-551-7365 Date Made Active in Reports: 05/19/2008 Last EDR Contact: 04/20/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 07/20/2009 Data Release Frequency: Varies

State and tribal Brownfields sites

BROWNFIELDS: Brownfield Sites Brownfields are defined by Oklahoma law as abandoned, idled or under used industrial or commercial facilities or other real property at which expansion or redevelopment of the real property is complicated by environmental contamination caused by regulated substances. This program provides a means for private parties and government entities to voluntarily investigate and if warranted, clean up properties that may be contaminated with hazardous wastes. The formal Brownfields Program provides specific state liability relief and protects the property from federal Superfund actions. Date of Government Version: 09/07/2012 Source: Department of Environmental Quality Date Data Arrived at EDR: 09/07/2012 Telephone: 405-702-5100 Date Made Active in Reports: 10/10/2012 Last EDR Contact: 11/12/2018 Number of Days to Update: 33 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: No Update Planned

BROWNFIELDS 2: Brownfields Public Record Listing The Brownfields program provides a means for private parties and government entities to voluntarily investigate and if warranted, clean up properties that may be contaminated with hazardous wastes. The formal Brownfields Program provides specific state liability relief and protects the property from federal Superfund actions.

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Date of Government Version: 11/07/2018 Source: Department of Environmental Quality Date Data Arrived at EDR: 11/15/2018 Telephone: 405-702-5100 Date Made Active in Reports: 12/18/2018 Last EDR Contact: 11/12/2018 Number of Days to Update: 33 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: Varies ADDITIONAL ENVIRONMENTAL RECORDS

Local Brownfield lists

US BROWNFIELDS: A Listing of Brownfields Sites Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment. Assessment, Cleanup and Redevelopment Exchange System (ACRES) stores information reported by EPA Brownfields grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on Targeted Brownfields Assessments performed by EPA Regions. A listing of ACRES Brownfield sites is obtained from Cleanups in My Community. Cleanups in My Community provides information on Brownfields properties for which information is reported back to EPA, as well as areas served by Brownfields grant programs. Date of Government Version: 12/17/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 12/18/2018 Telephone: 202-566-2777 Date Made Active in Reports: 01/11/2019 Last EDR Contact: 12/18/2018 Number of Days to Update: 24 Next Scheduled EDR Contact: 04/01/2019 Data Release Frequency: Semi-Annually

Local Lists of Landfill / Solid Waste Disposal Sites

SWRCY: Recycling Facilities A listing of recycling facility locations. Date of Government Version: 01/04/2018 Source: Department of Environmental Quality Date Data Arrived at EDR: 01/23/2018 Telephone: 405-702-5100 Date Made Active in Reports: 02/05/2018 Last EDR Contact: 01/17/2019 Number of Days to Update: 13 Next Scheduled EDR Contact: 04/29/2019 Data Release Frequency: Varies

INDIAN ODI: Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. Date of Government Version: 12/31/1998 Source: Environmental Protection Agency Date Data Arrived at EDR: 12/03/2007 Telephone: 703-308-8245 Date Made Active in Reports: 01/24/2008 Last EDR Contact: 01/29/2019 Number of Days to Update: 52 Next Scheduled EDR Contact: 05/13/2019 Data Release Frequency: Varies

ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Date of Government Version: 06/30/1985 Source: Environmental Protection Agency Date Data Arrived at EDR: 08/09/2004 Telephone: 800-424-9346 Date Made Active in Reports: 09/17/2004 Last EDR Contact: 06/09/2004 Number of Days to Update: 39 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned

DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County, California.

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Date of Government Version: 01/12/2009 Source: EPA, Region 9 Date Data Arrived at EDR: 05/07/2009 Telephone: 415-947-4219 Date Made Active in Reports: 09/21/2009 Last EDR Contact: 01/17/2019 Number of Days to Update: 137 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: No Update Planned

IHS OPEN DUMPS: Open Dumps on Indian Land A listing of all open dumps located on Indian Land in the United States. Date of Government Version: 04/01/2014 Source: Department of Health & Human Serivces, Indian Health Service Date Data Arrived at EDR: 08/06/2014 Telephone: 301-443-1452 Date Made Active in Reports: 01/29/2015 Last EDR Contact: 02/01/2019 Number of Days to Update: 176 Next Scheduled EDR Contact: 05/13/2019 Data Release Frequency: Varies

Local Lists of Hazardous waste / Contaminated Sites

US HIST CDL: National Clandestine Laboratory Register A listing of clandestine drug lab locations that have been removed from the DEAs National Clandestine Laboratory Register. Date of Government Version: 09/21/2018 Source: Drug Enforcement Administration Date Data Arrived at EDR: 09/21/2018 Telephone: 202-307-1000 Date Made Active in Reports: 11/09/2018 Last EDR Contact: 11/26/2018 Number of Days to Update: 49 Next Scheduled EDR Contact: 03/11/2019 Data Release Frequency: No Update Planned

US CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 09/21/2018 Source: Drug Enforcement Administration Date Data Arrived at EDR: 09/21/2018 Telephone: 202-307-1000 Date Made Active in Reports: 11/09/2018 Last EDR Contact: 11/26/2018 Number of Days to Update: 49 Next Scheduled EDR Contact: 03/11/2019 Data Release Frequency: Quarterly

Local Lists of Registered Storage Tanks

HIST UST: Underground Storage Tank List, List II Version This underground storage tank listing includes tank information through March 2003. This listing is no longer updated by the Oklahoma Corporation Commission. Date of Government Version: 03/21/2003 Source: Oklahoma Corporation Commission Date Data Arrived at EDR: 04/28/2003 Telephone: 405-521-3107 Date Made Active in Reports: 05/27/2003 Last EDR Contact: 01/19/2009 Number of Days to Update: 29 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: No Update Planned

Local Land Records

LIENS 2: CERCLA Lien Information A Federal CERCLA (’Superfund’) lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties.

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Date of Government Version: 12/12/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 12/28/2018 Telephone: 202-564-6023 Date Made Active in Reports: 01/11/2019 Last EDR Contact: 12/28/2018 Number of Days to Update: 14 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Semi-Annually

Records of Emergency Release Reports

HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 03/26/2018 Source: U.S. Department of Transportation Date Data Arrived at EDR: 03/27/2018 Telephone: 202-366-4555 Date Made Active in Reports: 06/08/2018 Last EDR Contact: 01/08/2019 Number of Days to Update: 73 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

OK COMPLAINT: Oklahoma Complaint System Database Environmental complaints reported to the Oklahoma Corporation Commission. Date of Government Version: 09/30/2016 Source: Oklahoma Conservation Commission Date Data Arrived at EDR: 06/01/2017 Telephone: 405-521-4828 Date Made Active in Reports: 09/29/2017 Last EDR Contact: 11/26/2018 Number of Days to Update: 120 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: Annually

Other Ascertainable Records

RCRA NonGen / NLR: RCRA - Non Generators / No Longer Regulated RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non-Generators do not presently generate hazardous waste. Date of Government Version: 03/01/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/28/2018 Telephone: 214-665-6444 Date Made Active in Reports: 06/22/2018 Last EDR Contact: 12/03/2018 Number of Days to Update: 86 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

FUDS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version: 01/31/2015 Source: U.S. Army Corps of Engineers Date Data Arrived at EDR: 07/08/2015 Telephone: 202-528-4285 Date Made Active in Reports: 10/13/2015 Last EDR Contact: 11/19/2018 Number of Days to Update: 97 Next Scheduled EDR Contact: 03/04/2019 Data Release Frequency: Varies

DOD: Department of Defense Sites This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands. Date of Government Version: 12/31/2005 Source: USGS Date Data Arrived at EDR: 11/10/2006 Telephone: 888-275-8747 Date Made Active in Reports: 01/11/2007 Last EDR Contact: 01/11/2019 Number of Days to Update: 62 Next Scheduled EDR Contact: 04/22/2019 Data Release Frequency: Semi-Annually

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FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land, Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management, Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service. Date of Government Version: 12/31/2005 Source: U.S. Geological Survey Date Data Arrived at EDR: 02/06/2006 Telephone: 888-275-8747 Date Made Active in Reports: 01/11/2007 Last EDR Contact: 01/11/2019 Number of Days to Update: 339 Next Scheduled EDR Contact: 04/22/2019 Data Release Frequency: N/A

SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas, Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin. Date of Government Version: 01/01/2017 Source: Environmental Protection Agency Date Data Arrived at EDR: 02/03/2017 Telephone: 615-532-8599 Date Made Active in Reports: 04/07/2017 Last EDR Contact: 11/16/2018 Number of Days to Update: 63 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: Varies

US FIN ASSUR: Financial Assurance Information All owners and operators of facilities that treat, store, or dispose of hazardous waste are required to provide proof that they will have sufficient funds to pay for the clean up, closure, and post-closure care of their facilities. Date of Government Version: 08/31/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 09/25/2018 Telephone: 202-566-1917 Date Made Active in Reports: 11/09/2018 Last EDR Contact: 02/04/2019 Number of Days to Update: 45 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

EPA WATCH LIST: EPA WATCH LIST EPA maintains a "Watch List" to facilitate dialogue between EPA, state and local environmental agencies on enforcement matters relating to facilities with alleged violations identified as either significant or high priority. Being on the Watch List does not mean that the facility has actually violated the law only that an investigation by EPA or a state or local environmental agency has led those organizations to allege that an unproven violation has in fact occurred. Being on the Watch List does not represent a higher level of concern regarding the alleged violations that were detected, but instead indicates cases requiring additional dialogue between EPA, state and local agencies - primarily because of the length of time the alleged violation has gone unaddressed or unresolved. Date of Government Version: 08/30/2013 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/21/2014 Telephone: 617-520-3000 Date Made Active in Reports: 06/17/2014 Last EDR Contact: 11/05/2018 Number of Days to Update: 88 Next Scheduled EDR Contact: 02/18/2019 Data Release Frequency: Quarterly

2020 COR ACTION: 2020 Corrective Action Program List The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action Universe. This RCRA cleanup baseline includes facilities expected to need corrective action. The 2020 universe contains a wide variety of sites. Some properties are heavily contaminated while others were contaminated but have since been cleaned up. Still others have not been fully investigated yet, and may require little or no remediation. Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations. Date of Government Version: 09/30/2017 Source: Environmental Protection Agency Date Data Arrived at EDR: 05/08/2018 Telephone: 703-308-4044 Date Made Active in Reports: 07/20/2018 Last EDR Contact: 11/09/2018 Number of Days to Update: 73 Next Scheduled EDR Contact: 02/18/2019 Data Release Frequency: Varies

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TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2016 Source: EPA Date Data Arrived at EDR: 06/21/2017 Telephone: 202-260-5521 Date Made Active in Reports: 01/05/2018 Last EDR Contact: 12/21/2018 Number of Days to Update: 198 Next Scheduled EDR Contact: 04/01/2019 Data Release Frequency: Every 4 Years

TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12/31/2016 Source: EPA Date Data Arrived at EDR: 01/10/2018 Telephone: 202-566-0250 Date Made Active in Reports: 01/12/2018 Last EDR Contact: 11/16/2018 Number of Days to Update: 2 Next Scheduled EDR Contact: 03/04/2019 Data Release Frequency: Annually

SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide-producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 12/31/2009 Source: EPA Date Data Arrived at EDR: 12/10/2010 Telephone: 202-564-4203 Date Made Active in Reports: 02/25/2011 Last EDR Contact: 01/25/2019 Number of Days to Update: 77 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Annually

ROD: Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 12/12/2018 Source: EPA Date Data Arrived at EDR: 12/28/2018 Telephone: 703-416-0223 Date Made Active in Reports: 01/11/2019 Last EDR Contact: 12/28/2018 Number of Days to Update: 14 Next Scheduled EDR Contact: 03/18/2019 Data Release Frequency: Annually

RMP: Risk Management Plans

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When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g the fire department) should an accident occur. Date of Government Version: 10/26/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 11/06/2018 Telephone: 202-564-8600 Date Made Active in Reports: 01/11/2019 Last EDR Contact: 01/22/2019 Number of Days to Update: 66 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/1995 Source: EPA Date Data Arrived at EDR: 07/03/1995 Telephone: 202-564-4104 Date Made Active in Reports: 08/07/1995 Last EDR Contact: 06/02/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned

PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version: 08/13/2018 Source: EPA Date Data Arrived at EDR: 10/04/2018 Telephone: 202-564-6023 Date Made Active in Reports: 11/09/2018 Last EDR Contact: 12/28/2018 Number of Days to Update: 36 Next Scheduled EDR Contact: 02/18/2019 Data Release Frequency: Quarterly

PADS: PCB Activity Database System PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of PCB’s who are required to notify the EPA of such activities. Date of Government Version: 09/14/2018 Source: EPA Date Data Arrived at EDR: 10/11/2018 Telephone: 202-566-0500 Date Made Active in Reports: 12/07/2018 Last EDR Contact: 01/11/2019 Number of Days to Update: 57 Next Scheduled EDR Contact: 04/22/2019 Data Release Frequency: Annually

ICIS: Integrated Compliance Information System The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES) program. Date of Government Version: 11/18/2016 Source: Environmental Protection Agency Date Data Arrived at EDR: 11/23/2016 Telephone: 202-564-2501 Date Made Active in Reports: 02/10/2017 Last EDR Contact: 01/07/2019 Number of Days to Update: 79 Next Scheduled EDR Contact: 04/22/2019 Data Release Frequency: Quarterly

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FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right-to-Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/09/2009 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Date Data Arrived at EDR: 04/16/2009 Telephone: 202-566-1667 Date Made Active in Reports: 05/11/2009 Last EDR Contact: 08/18/2017 Number of Days to Update: 25 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Quarterly

FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements. Date of Government Version: 04/09/2009 Source: EPA Date Data Arrived at EDR: 04/16/2009 Telephone: 202-566-1667 Date Made Active in Reports: 05/11/2009 Last EDR Contact: 08/18/2017 Number of Days to Update: 25 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Quarterly

MLTS: Material Licensing Tracking System MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 08/30/2016 Source: Nuclear Regulatory Commission Date Data Arrived at EDR: 09/08/2016 Telephone: 301-415-7169 Date Made Active in Reports: 10/21/2016 Last EDR Contact: 01/22/2019 Number of Days to Update: 43 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Quarterly

COAL ASH DOE: Steam-Electric Plant Operation Data A listing of power plants that store ash in surface ponds. Date of Government Version: 12/31/2005 Source: Department of Energy Date Data Arrived at EDR: 08/07/2009 Telephone: 202-586-8719 Date Made Active in Reports: 10/22/2009 Last EDR Contact: 12/05/2018 Number of Days to Update: 76 Next Scheduled EDR Contact: 03/18/2019 Data Release Frequency: Varies

COAL ASH EPA: Coal Combustion Residues Surface Impoundments List A listing of coal combustion residues surface impoundments with high hazard potential ratings. Date of Government Version: 07/01/2014 Source: Environmental Protection Agency Date Data Arrived at EDR: 09/10/2014 Telephone: N/A Date Made Active in Reports: 10/20/2014 Last EDR Contact: 12/03/2018 Number of Days to Update: 40 Next Scheduled EDR Contact: 03/18/2019 Data Release Frequency: Varies

PCB TRANSFORMER: PCB Transformer Registration Database The database of PCB transformer registrations that includes all PCB registration submittals. Date of Government Version: 05/24/2017 Source: Environmental Protection Agency Date Data Arrived at EDR: 11/30/2017 Telephone: 202-566-0517 Date Made Active in Reports: 12/15/2017 Last EDR Contact: 01/25/2019 Number of Days to Update: 15 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies

RADINFO: Radiation Information Database The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S. Environmental Protection Agency (EPA) regulations for radiation and radioactivity.

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Date of Government Version: 10/02/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 10/03/2018 Telephone: 202-343-9775 Date Made Active in Reports: 11/09/2018 Last EDR Contact: 01/03/2019 Number of Days to Update: 37 Next Scheduled EDR Contact: 04/15/2019 Data Release Frequency: Quarterly

HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing A complete administrative case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/01/2007 Telephone: 202-564-2501 Date Made Active in Reports: 04/10/2007 Last EDR Contact: 12/17/2007 Number of Days to Update: 40 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned

HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection & Enforcement Case Listing A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/01/2007 Telephone: 202-564-2501 Date Made Active in Reports: 04/10/2007 Last EDR Contact: 12/17/2008 Number of Days to Update: 40 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned

DOT OPS: Incident and Accident Data Department of Transporation, Office of Pipeline Safety Incident and Accident data. Date of Government Version: 10/01/2018 Source: Department of Transporation, Office of Pipeline Safety Date Data Arrived at EDR: 10/30/2018 Telephone: 202-366-4595 Date Made Active in Reports: 01/18/2019 Last EDR Contact: 01/29/2019 Number of Days to Update: 80 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Quarterly

CONSENT: Superfund (CERCLA) Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version: 09/30/2018 Source: Department of Justice, Consent Decree Library Date Data Arrived at EDR: 10/12/2018 Telephone: Varies Date Made Active in Reports: 12/07/2018 Last EDR Contact: 01/07/2019 Number of Days to Update: 56 Next Scheduled EDR Contact: 04/22/2019 Data Release Frequency: Varies

BRS: Biennial Reporting System The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/2015 Source: EPA/NTIS Date Data Arrived at EDR: 02/22/2017 Telephone: 800-424-9346 Date Made Active in Reports: 09/28/2017 Last EDR Contact: 11/21/2018 Number of Days to Update: 218 Next Scheduled EDR Contact: 03/04/2019 Data Release Frequency: Biennially

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INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Date of Government Version: 12/31/2014 Source: USGS Date Data Arrived at EDR: 07/14/2015 Telephone: 202-208-3710 Date Made Active in Reports: 01/10/2017 Last EDR Contact: 01/07/2019 Number of Days to Update: 546 Next Scheduled EDR Contact: 04/22/2019 Data Release Frequency: Semi-Annually

FUSRAP: Formerly Utilized Sites Remedial Action Program DOE established the Formerly Utilized Sites Remedial Action Program (FUSRAP) in 1974 to remediate sites where radioactive contamination remained from Manhattan Project and early U.S. Atomic Energy Commission (AEC) operations. Date of Government Version: 08/08/2017 Source: Department of Energy Date Data Arrived at EDR: 09/11/2018 Telephone: 202-586-3559 Date Made Active in Reports: 09/14/2018 Last EDR Contact: 01/31/2019 Number of Days to Update: 3 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Varies

UMTRA: Uranium Mill Tailings Sites Uranium ore was mined by private companies for federal government use in national defense programs. When the mills shut down, large piles of the sand-like material (mill tailings) remain after uranium has been extracted from the ore. Levels of human exposure to radioactive materials from the piles are low; however, in some cases tailings were used as construction materials before the potential health hazards of the tailings were recognized. Date of Government Version: 06/23/2017 Source: Department of Energy Date Data Arrived at EDR: 10/11/2017 Telephone: 505-845-0011 Date Made Active in Reports: 11/03/2017 Last EDR Contact: 12/14/2018 Number of Days to Update: 23 Next Scheduled EDR Contact: 03/04/2019 Data Release Frequency: Varies

LEAD SMELTER 1: Lead Smelter Sites A listing of former lead smelter site locations. Date of Government Version: 12/12/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 12/28/2018 Telephone: 703-603-8787 Date Made Active in Reports: 01/11/2019 Last EDR Contact: 12/28/2018 Number of Days to Update: 14 Next Scheduled EDR Contact: 04/15/2019 Data Release Frequency: Varies

LEAD SMELTER 2: Lead Smelter Sites A list of several hundred sites in the U.S. where secondary lead smelting was done from 1931and 1964. These sites may pose a threat to public health through ingestion or inhalation of contaminated soil or dust Date of Government Version: 04/05/2001 Source: American Journal of Public Health Date Data Arrived at EDR: 10/27/2010 Telephone: 703-305-6451 Date Made Active in Reports: 12/02/2010 Last EDR Contact: 12/02/2009 Number of Days to Update: 36 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned

US AIRS (AFS): Aerometric Information Retrieval System Facility Subsystem (AFS) The database is a sub-system of Aerometric Information Retrieval System (AIRS). AFS contains compliance data on air pollution point sources regulated by the U.S. EPA and/or state and local air regulatory agencies. This information comes from source reports by various stationary sources of air pollution, such as electric power plants, steel mills, factories, and universities, and provides information about the air pollutants they produce. Action, air program, air program pollutant, and general level plant data. It is used to track emissions and compliance data from industrial plants.

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Date of Government Version: 10/12/2016 Source: EPA Date Data Arrived at EDR: 10/26/2016 Telephone: 202-564-2496 Date Made Active in Reports: 02/03/2017 Last EDR Contact: 09/26/2017 Number of Days to Update: 100 Next Scheduled EDR Contact: 01/08/2018 Data Release Frequency: Annually

US AIRS MINOR: Air Facility System Data A listing of minor source facilities. Date of Government Version: 10/12/2016 Source: EPA Date Data Arrived at EDR: 10/26/2016 Telephone: 202-564-2496 Date Made Active in Reports: 02/03/2017 Last EDR Contact: 09/26/2017 Number of Days to Update: 100 Next Scheduled EDR Contact: 01/08/2018 Data Release Frequency: Annually

US MINES: Mines Master Index File Contains all mine identification numbers issued for mines active or opened since 1971. The data also includes violation information. Date of Government Version: 08/01/2018 Source: Department of Labor, Mine Safety and Health Administration Date Data Arrived at EDR: 08/29/2018 Telephone: 303-231-5959 Date Made Active in Reports: 10/05/2018 Last EDR Contact: 11/30/2018 Number of Days to Update: 37 Next Scheduled EDR Contact: 03/11/2019 Data Release Frequency: Semi-Annually

US MINES 2: Ferrous and Nonferrous Metal Mines Database Listing This map layer includes ferrous (ferrous metal mines are facilities that extract ferrous metals, such as iron ore or molybdenum) and nonferrous (Nonferrous metal mines are facilities that extract nonferrous metals, such as gold, silver, copper, zinc, and lead) metal mines in the United States. Date of Government Version: 12/05/2005 Source: USGS Date Data Arrived at EDR: 02/29/2008 Telephone: 703-648-7709 Date Made Active in Reports: 04/18/2008 Last EDR Contact: 11/30/2018 Number of Days to Update: 49 Next Scheduled EDR Contact: 03/11/2019 Data Release Frequency: Varies

US MINES 3: Active Mines & Mineral Plants Database Listing Active Mines and Mineral Processing Plant operations for commodities monitored by the Minerals Information Team of the USGS. Date of Government Version: 04/14/2011 Source: USGS Date Data Arrived at EDR: 06/08/2011 Telephone: 703-648-7709 Date Made Active in Reports: 09/13/2011 Last EDR Contact: 11/30/2018 Number of Days to Update: 97 Next Scheduled EDR Contact: 03/11/2019 Data Release Frequency: Varies

ABANDONED MINES: Abandoned Mines An inventory of land and water impacted by past mining (primarily coal mining) is maintained by OSMRE to provide information needed to implement the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The inventory contains information on the location, type, and extent of AML impacts, as well as, information on the cost associated with the reclamation of those problems. The inventory is based upon field surveys by State, Tribal, and OSMRE program officials. It is dynamic to the extent that it is modified as new problems are identified and existing problems are reclaimed. Date of Government Version: 09/10/2018 Source: Department of Interior Date Data Arrived at EDR: 09/11/2018 Telephone: 202-208-2609 Date Made Active in Reports: 09/14/2018 Last EDR Contact: 12/19/2018 Number of Days to Update: 3 Next Scheduled EDR Contact: 03/25/2019 Data Release Frequency: Quarterly

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FINDS: Facility Index System/Facility Registry System Facility Index System. FINDS contains both facility information and ’pointers’ to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C-DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 11/15/2018 Source: EPA Date Data Arrived at EDR: 12/05/2018 Telephone: (214) 665-2200 Date Made Active in Reports: 01/11/2019 Last EDR Contact: 01/31/2019 Number of Days to Update: 37 Next Scheduled EDR Contact: 03/18/2019 Data Release Frequency: Quarterly

DOCKET HWC: Hazardous Waste Compliance Docket Listing A complete list of the Federal Agency Hazardous Waste Compliance Docket Facilities. Date of Government Version: 05/31/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 07/26/2018 Telephone: 202-564-0527 Date Made Active in Reports: 10/05/2018 Last EDR Contact: 11/30/2018 Number of Days to Update: 71 Next Scheduled EDR Contact: 03/11/2019 Data Release Frequency: Varies

ECHO: Enforcement & Compliance History Information ECHO provides integrated compliance and enforcement information for about 800,000 regulated facilities nationwide. Date of Government Version: 09/02/2018 Source: Environmental Protection Agency Date Data Arrived at EDR: 09/05/2018 Telephone: 202-564-2280 Date Made Active in Reports: 09/14/2018 Last EDR Contact: 01/07/2019 Number of Days to Update: 9 Next Scheduled EDR Contact: 03/18/2019 Data Release Frequency: Quarterly

UXO: Unexploded Ordnance Sites A listing of unexploded ordnance site locations Date of Government Version: 09/30/2017 Source: Department of Defense Date Data Arrived at EDR: 06/19/2018 Telephone: 703-704-1564 Date Made Active in Reports: 09/14/2018 Last EDR Contact: 01/14/2019 Number of Days to Update: 87 Next Scheduled EDR Contact: 04/29/2019 Data Release Frequency: Varies

FUELS PROGRAM: EPA Fuels Program Registered Listing This listing includes facilities that are registered under the Part 80 (Code of Federal Regulations) EPA Fuels Programs. All companies now are required to submit new and updated registrations. Date of Government Version: 08/22/2018 Source: EPA Date Data Arrived at EDR: 08/22/2018 Telephone: 800-385-6164 Date Made Active in Reports: 10/05/2018 Last EDR Contact: 11/19/2018 Number of Days to Update: 44 Next Scheduled EDR Contact: 03/04/2019 Data Release Frequency: Quarterly

AIRS: Permitted AIRS Facility Listing A listing of permitted AIRS facility locations. Date of Government Version: 09/24/2018 Source: Department of Environmental Quality Date Data Arrived at EDR: 09/25/2018 Telephone: 405-702-4100 Date Made Active in Reports: 10/26/2018 Last EDR Contact: 12/20/2018 Number of Days to Update: 31 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

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DRYCLEANERS: Drycleaner Facilities A listing of drycleaner facility locations. Date of Government Version: 09/24/2018 Source: Department of Environmental Quality Date Data Arrived at EDR: 09/25/2018 Telephone: 405-702-9100 Date Made Active in Reports: 10/26/2018 Last EDR Contact: 12/20/2018 Number of Days to Update: 31 Next Scheduled EDR Contact: 04/08/2019 Data Release Frequency: Quarterly

Financial Assurance 1: Financial Assurance Information Listing Financial Assurance information. Date of Government Version: 07/25/2014 Source: Department of Environmental Quality Date Data Arrived at EDR: 11/06/2014 Telephone: 405-702-5105 Date Made Active in Reports: 01/13/2015 Last EDR Contact: 11/12/2018 Number of Days to Update: 68 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: No Update Planned

Financial Assurance 2: Financial Assurance Information Listing Financial Assurance information for solid waste facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post-closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 12/10/2013 Source: Department of Environmental Quality Date Data Arrived at EDR: 12/12/2013 Telephone: 405-702-5100 Date Made Active in Reports: 01/24/2014 Last EDR Contact: 11/12/2018 Number of Days to Update: 43 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: No Update Planned

TIER 2: Tier 2 Data Listing A listing of facilities which store or manufacture hazardous materials and submit a chemical inventory report. Date of Government Version: 12/31/2017 Source: Department of Environmental Quality Date Data Arrived at EDR: 09/28/2018 Telephone: 405-702-1000 Date Made Active in Reports: 10/26/2018 Last EDR Contact: 12/07/2018 Number of Days to Update: 28 Next Scheduled EDR Contact: 03/25/2019 Data Release Frequency: Annually

UIC: Underground Injection Wells Database Listing Class I injection wells. CLASS I wells are used to inject liquid hazardous and non-hazardous wastes beneath the lower most Underground Sources of Drinking Water (USDW). Date of Government Version: 10/16/2018 Source: Department of Environmental Quality Date Data Arrived at EDR: 10/17/2018 Telephone: 405-702-5188 Date Made Active in Reports: 10/26/2018 Last EDR Contact: 01/18/2019 Number of Days to Update: 9 Next Scheduled EDR Contact: 04/29/2019 Data Release Frequency: Varies EDR HIGH RISK HISTORICAL RECORDS

EDR Exclusive Records

EDR MGP: EDR Proprietary Manufactured Gas Plants The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants (manufactured gas plants) compiled by EDR’s researchers. Manufactured gas sites were used in the United States from the 1800’s to 1950’s to produce a gas that could be distributed and used as fuel. These plants used whale oil, rosin, coal, or a mixture of coal, oil, and water that also produced a significant amount of waste. Many of the byproducts of the gas production, such as coal tar (oily waste containing volatile and non-volatile chemicals), sludges, oils and other compounds are potentially hazardous to human health and the environment. The byproduct from this process was frequently disposed of directly at the plant site and can remain or spread slowly, serving as a continuous source of soil and groundwater contamination.

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Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned

EDR Hist Auto: EDR Exclusive Historical Auto Stations EDR has searched selected national collections of business directories and has collected listings of potential gas station/filling station/service station sites that were available to EDR researchers. EDR’s review was limited to those categories of sources that might, in EDR’s opinion, include gas station/filling station/service station establishments. The categories reviewed included, but were not limited to gas, gas station, gasoline station, filling station, auto, automobile repair, auto service station, service station, etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR’s HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies

EDR Hist Cleaner: EDR Exclusive Historical Cleaners EDR has searched selected national collections of business directories and has collected listings of potential dry cleaner sites that were available to EDR researchers. EDR’s review was limited to those categories of sources that might, in EDR’s opinion, include dry cleaning establishments. The categories reviewed included, but were not limited to dry cleaners, cleaners, laundry, laundromat, cleaning/laundry, wash & dry etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR’s HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR RECOVERED GOVERNMENT ARCHIVES

Exclusive Recovered Govt. Archives

RGA HWS: Recovered Government Archive State Hazardous Waste Facilities List The EDR Recovered Government Archive State Hazardous Waste database provides a list of SHWS incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environmental Quality in Oklahoma. Date of Government Version: N/A Source: Department of Environmental Quality Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 01/03/2014 Last EDR Contact: 06/01/2012 Number of Days to Update: 186 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies

RGA LF: Recovered Government Archive Solid Waste Facilities List The EDR Recovered Government Archive Landfill database provides a list of landfills derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environmental Quality in Oklahoma. Date of Government Version: N/A Source: Department of Environmental Quality Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 01/20/2014 Last EDR Contact: 06/01/2012 Number of Days to Update: 203 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies

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RGA LUST: Recovered Government Archive Leaking Underground Storage Tank The EDR Recovered Government Archive Leaking Underground Storage Tank database provides a list of LUST incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Oklahoma Corporation Commission in Oklahoma. Date of Government Version: N/A Source: Oklahoma Corporation Commission Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 12/27/2013 Last EDR Contact: 06/01/2012 Number of Days to Update: 179 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies

OTHER DATABASE(S)

Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report.

CT MANIFEST: Hazardous Waste Manifest Data Facility and manifest data. Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a tsd facility. Date of Government Version: 11/12/2018 Source: Department of Energy & Environmental Protection Date Data Arrived at EDR: 11/14/2018 Telephone: 860-424-3375 Date Made Active in Reports: 12/04/2018 Last EDR Contact: 11/14/2018 Number of Days to Update: 20 Next Scheduled EDR Contact: 02/25/2019 Data Release Frequency: No Update Planned

NY MANIFEST: Facility and Manifest Data Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD facility. Date of Government Version: 10/01/2018 Source: Department of Environmental Conservation Date Data Arrived at EDR: 10/31/2018 Telephone: 518-402-8651 Date Made Active in Reports: 12/20/2018 Last EDR Contact: 01/30/2019 Number of Days to Update: 50 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Quarterly

WI MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2017 Source: Department of Natural Resources Date Data Arrived at EDR: 06/15/2018 Telephone: N/A Date Made Active in Reports: 07/09/2018 Last EDR Contact: 12/07/2018 Number of Days to Update: 24 Next Scheduled EDR Contact: 03/25/2019 Data Release Frequency: Annually

Oil/Gas Pipelines Source: PennWell Corporation Petroleum Bundle (Crude Oil, Refined Products, Petrochemicals, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)) N = Natural Gas Bundle (Natural Gas, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)). This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell.

Electric Power Transmission Line Data Source: PennWell Corporation This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell.

Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located.

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AHA Hospitals: Source: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association’s annual survey of hospitals. Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410-786-3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services, a federal agency within the U.S. Department of Health and Human Services. Nursing Homes Source: National Institutes of Health Telephone: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics’ primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. Private Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics’ primary database on private school locations in the United States. Daycare Centers: Day Care Centers Source: Department of Human Services Telephone: 405-521-3561

Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015

NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service.

Current USGS 7.5 Minute Topographic Map Source: U.S. Geological Survey

STREET AND ADDRESS INFORMATION

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TC5555408.2s Page GR-24 GEOCHECK ® - PHYSICAL SETTING SOURCE ADDENDUM

TARGET PROPERTY ADDRESS

PROPOSED KAW WMA GUN RANGE NWC OF INTERSECTION OF E. RIVER ROAD AND N. SILVER NEWKIRK, OK 74647

TARGET PROPERTY COORDINATES

Latitude (North): 36.884973 - 36˚ 53’ 5.90’’ Longitude (West): 96.942963 - 96˚ 56’ 34.67’’ Universal Tranverse Mercator: Zone 14 UTM X (Meters): 683317.9 UTM Y (Meters): 4083885.0 Elevation: 1044 ft. above sea level

USGS TOPOGRAPHIC MAP

Target Property Map: 5927534 KAW CITY NW, OK Version Date: 2012

South Map: 5927554 UNCAS, OK Version Date: 2012

EDR’s GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in forming an opinion about the impact of potential contaminant migration.

Assessment of the impact of contaminant migration generally has two principle investigative components:

1. Groundwater flow direction, and 2. Groundwater flow velocity.

Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the geologic strata.

TC5555408.2s Page A-1 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

GROUNDWATER FLOW DIRECTION INFORMATION Groundwater flow direction for a particular site is best determined by a qualified environmental professional using site-specific well data. If such data is not reasonably ascertainable, it may be necessary to rely on other sources of information, such as surface topographic information, hydrologic information, hydrogeologic data collected on nearby properties, and regional groundwater flow information (from deep aquifers).

TOPOGRAPHIC INFORMATION Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted.

TARGET PROPERTY TOPOGRAPHY General Topographic Gradient: General WSW

SURROUNDING TOPOGRAPHY: ELEVATION PROFILES 1065 1056 1055 1051 1044 1039 1024 1024 1021 1019 1018 1017 1017 1017 1017 1016 1014 1009 990 Elevation (ft)

North South TP 1190 1181 1165 1153 1147 1141 1094 1082 1071 1062 1044 1022 1021 1016 1013 1011 1011 1011 1007 Elevation (ft)

West East TP 0 1/2 1 Miles ✩Target Property Elevation: 1044 ft.

Source: Topography has been determined from the USGS 7.5’ Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified.

TC5555408.2s Page A-2 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

HYDROLOGIC INFORMATION Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted.

Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways and bodies of water).

FEMA FLOOD ZONE

Flood Plain Panel at Target Property FEMA Source Type

40071C0125D FEMA FIRM Flood data

Additional Panels in search area: FEMA Source Type

40071C0300D FEMA FIRM Flood data

NATIONAL WETLAND INVENTORY NWI Electronic NWI Quad at Target Property Data Coverage KAW CITY NW YES - refer to the Overview Map and Detail Map

HYDROGEOLOGIC INFORMATION Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted.

AQUIFLOW® Search Radius: 1.000 Mile.

EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory authorities at select sites and has extracted the date of the report, groundwater flow direction as determined hydrogeologically, and the depth to water table.

LOCATION GENERAL DIRECTION MAP ID FROM TP GROUNDWATER FLOW Not Reported

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GROUNDWATER FLOW VELOCITY INFORMATION Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes move more quickly through sandy-gravelly types of soils than silty-clayey types of soils.

GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY Geologic information can be used by the environmental professional in forming an opinion about the relative speed at which contaminant migration may be occurring.

ROCK STRATIGRAPHIC UNIT GEOLOGIC AGE IDENTIFICATION

Era: Paleozoic Category: Stratifed Sequence System: Permian Series: Wolfcampian Series Code: P1 (decoded above as Era, System & Series)

Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - a digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994).

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EDR Inc.EDR Inc. GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY

The U.S. Department of Agriculture’s (USDA) Soil Conservation Service (SCS) leads the National Cooperative Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. The following information is based on Soil Conservation Service SSURGO data.

Soil Map ID: 1

Soil Component Name: Dougherty

Soil Surface Texture: loamy fine sand

Hydrologic Group: Class A - High infiltration rates. Soils are deep, well drained to excessively drained sands and gravels.

Soil Drainage Class: Well drained

Hydric Status: Partially hydric

Corrosion Potential - Uncoated Steel: Moderate

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 5 inches loamy fine sand Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1 2 5 inches 22 inches fine sand Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1 3 22 inches 31 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1 4 31 inches 48 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1 5 48 inches 64 inches loamy fine sand Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1

Soil Map ID: 2

Soil Component Name: Minco

Soil Surface Texture: silt loam

Hydrologic Group: Class B - Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately coarse textures.

Soil Drainage Class: Well drained

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Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: Low

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 12 inches silt loam Not reported Not reported Max: 14.114 Max: 8.4 Min: 4.233 Min: 6.1 2 12 inches 25 inches loam Not reported Not reported Max: 14.114 Max: 8.4 Min: 4.233 Min: 6.1 3 25 inches 63 inches loam Not reported Not reported Max: 14.114 Max: 8.4 Min: 4.233 Min: 6.1

Soil Map ID: 3

Soil Component Name: Pocasset

Soil Surface Texture: fine sandy loam

Hydrologic Group: Class B - Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately coarse textures.

Soil Drainage Class: Well drained

Hydric Status: Partially hydric

Corrosion Potential - Uncoated Steel: Low

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 14 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 8.4 Min: 14.114 Min: 7.9

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Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

2 14 inches 33 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 8.4 Min: 14.114 Min: 7.9 3 33 inches 59 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 8.4 Min: 14.114 Min: 7.9

Soil Map ID: 4

Soil Component Name: Gaddy

Soil Surface Texture: fine sand

Hydrologic Group: Class A - High infiltration rates. Soils are deep, well drained to excessively drained sands and gravels.

Soil Drainage Class: Somewhat excessively drained

Hydric Status: Partially hydric

Corrosion Potential - Uncoated Steel: Low

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 14 inches fine sand Not reported Not reported Max: 141.14 Max: 8.4 Min: 42.33 Min: 7.9 2 14 inches 59 inches stratified fine Not reported Not reported Max: 141.14 Max: 8.4 sand to clay Min: 42.33 Min: 7.9 loam

Soil Map ID: 5

Soil Component Name: Water

Soil Surface Texture: water

Hydrologic Group: Class A - High infiltration rates. Soils are deep, well drained to excessively drained sands and gravels.

Soil Drainage Class:

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Hydric Status: All hydric

Corrosion Potential - Uncoated Steel: Not Reported

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 79 inches water Not reported Not reported Max: Max: Min: Min:

Soil Map ID: 6

Soil Component Name: Shidler

Soil Surface Texture: silty clay loam

Hydrologic Group: Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer.

Soil Drainage Class: Well drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: Moderate

Depth to Bedrock Min: > 23 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 9 inches silty clay loam Not reported Not reported Max: 0.0106 Max: Min: Min: 0 2 9 inches 11 inches bedrock Not reported Not reported Max: 0.0106 Max: Min: Min: 0

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Soil Map ID: 7

Soil Component Name: Goodnight

Soil Surface Texture: loamy fine sand

Hydrologic Group: Class A - High infiltration rates. Soils are deep, well drained to excessively drained sands and gravels.

Soil Drainage Class: Excessively drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: Low

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 5 inches loamy fine sand Not reported Not reported Max: 141.14 Max: 8.4 Min: 42.33 Min: 6.1 2 5 inches 40 inches loamy fine sand Not reported Not reported Max: 141.14 Max: 8.4 Min: 42.33 Min: 6.1 3 40 inches 79 inches loamy fine sand Not reported Not reported Max: 141.14 Max: 8.4 Min: 42.33 Min: 6.1

LOCAL / REGIONAL WATER AGENCY RECORDS

EDR Local/Regional Water Agency records provide water well information to assist the environmental professional in assessing sources that may impact ground water flow direction, and in forming an opinion about the impact of contaminant migration on nearby drinking water wells.

WELL SEARCH DISTANCE INFORMATION

DATABASE SEARCH DISTANCE (miles) Federal USGS 1.000 Federal FRDS PWS Nearest PWS within 1 mile State Database 1.000

FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP

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FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found

FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION MAP ID WELL ID FROM TP No PWS System Found

Note: PWS System location is not always the same as well location.

STATE DATABASE WELL INFORMATION LOCATION MAP ID WELL ID FROM TP A1 OK6000000149870 1/8 - 1/4 Mile South A2 OK6000000135649 1/8 - 1/4 Mile SSW B3 OK6000000153541 1/8 - 1/4 Mile SW B4 OK6000000149869 1/8 - 1/4 Mile SW 5 OK6000000095984 1/2 - 1 Mile ESE

OTHER STATE DATABASE INFORMATION

STATE OIL/GAS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP 1 OKOG20000155940 0 - 1/8 Mile SW 2 OKOG20000156543 1/4 - 1/2 Mile NW 3 OKOG20000156546 1/2 - 1 Mile SE 4 OKOG20000156531 1/2 - 1 Mile West 5 OKOG20000156547 1/2 - 1 Mile South 6 OKOG20000156530 1/2 - 1 Mile WNW A7 OKOG20000156529 1/2 - 1 Mile WNW A8 OKOG20000156324 1/2 - 1 Mile WNW A9 OKOG20000156504 1/2 - 1 Mile WNW 10 OKOG20000161261 1/2 - 1 Mile North 11 OKOG20000156503 1/2 - 1 Mile West 12 OKOG20000156548 1/2 - 1 Mile South 13 OKOG20000159349 1/2 - 1 Mile South B14 OKOG20000156505 1/2 - 1 Mile WNW B15 OKOG20000156533 1/2 - 1 Mile WNW B16 OKOG20000159338 1/2 - 1 Mile WNW 17 OKOG20000156532 1/2 - 1 Mile WNW C19 OKOG20000159343 1/2 - 1 Mile NE C18 OKOG20000156545 1/2 - 1 Mile NE D20 OKOG20000156506 1/2 - 1 Mile NW D21 OKOG20000156542 1/2 - 1 Mile NW E22 OKOG20000156501 1/2 - 1 Mile West E23 OKOG20000161259 1/2 - 1 Mile West 24 OKOG20000159348 1/2 - 1 Mile South F26 OKOG20000161260 1/2 - 1 Mile NW F25 OKOG20000156540 1/2 - 1 Mile NW

TC5555408.2s Page A-11 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

STATE OIL/GAS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP 27 OKOG20000156507 1/2 - 1 Mile WNW 28 OKOG20000156536 1/2 - 1 Mile NNW G30 OKOG20000159346 1/2 - 1 Mile SSE G29 OKOG20000159345 1/2 - 1 Mile SSE D31 OKOG20000156537 1/2 - 1 Mile NW 32 OKOG20000159347 1/2 - 1 Mile SSE 33 OKOG20000156539 1/2 - 1 Mile NNW H34 OKOG20000156535 1/2 - 1 Mile NW H35 OKOG20000156538 1/2 - 1 Mile NW 36 OKOG20000159340 1/2 - 1 Mile NNW 37 OKOG20000159342 1/2 - 1 Mile NNE 38 OKOG20000159339 1/2 - 1 Mile NW I40 OKOG20000156541 1/2 - 1 Mile NNW I39 OKOG20000156534 1/2 - 1 Mile NNW 41 OKOG20000159315 1/2 - 1 Mile NNW

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Map ID Direction Distance Elevation Database EDR ID Number A1 South OK WELLS OK6000000149870 1/8 - 1/4 Mile Lower Well ID: 135985 Permit #: Not Reported Well Owner: Osage RWD #21 Well Type: Groundwater Well Water Use: Public Water Supply Elevation: 0 Total Well Depth: 63 Depth to First Water: 46 Approximate Yield: 150 Construction Date: 2007 115 Aquifer Code: Not Reported Basin Code: Not Reported URL: http://www.owrb.ok.gov/wd/reporting/printreport.php?siteid=135985

A2 SSW OK WELLS OK6000000135649 1/8 - 1/4 Mile Lower Well ID: 135983 Permit #: Not Reported Well Owner: Osage RWD #21 Well Type: Groundwater Well Water Use: Public Water Supply Elevation: 0 Total Well Depth: 63 Depth to First Water: 46 Approximate Yield: 150 Construction Date: 2007 114 Aquifer Code: Not Reported Basin Code: Not Reported URL: http://www.owrb.ok.gov/wd/reporting/printreport.php?siteid=135983

B3 SW OK WELLS OK6000000153541 1/8 - 1/4 Mile Lower Well ID: 135980 Permit #: Not Reported Well Owner: Osage RWD #21 Well Type: Groundwater Well Water Use: Public Water Supply Elevation: 0 Total Well Depth: 64 Depth to First Water: 46 Approximate Yield: 200 Construction Date: 2007 110 Aquifer Code: Not Reported Basin Code: Not Reported URL: http://www.owrb.ok.gov/wd/reporting/printreport.php?siteid=135980

B4 SW OK WELLS OK6000000149869 1/8 - 1/4 Mile Lower Well ID: 135981 Permit #: Not Reported Well Owner: Osage RWD #21 Well Type: Groundwater Well Water Use: Public Water Supply Elevation: 0 Total Well Depth: 67 Depth to First Water: 45 Approximate Yield: 200 Construction Date: 2007 112 Aquifer Code: Not Reported Basin Code: Not Reported URL: http://www.owrb.ok.gov/wd/reporting/printreport.php?siteid=135981

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Map ID Direction Distance Elevation Database EDR ID Number 5 ESE OK WELLS OK6000000095984 1/2 - 1 Mile Higher Well ID: 97377 Permit #: Not Reported Well Owner: Osage County RWD #21 Well Type: Geotechnical Boring Water Use: Soil Evaluation Elevation: 0 Total Well Depth: 21 Depth to First Water: 0 Approximate Yield: 0 Construction Date: 20051012 Aquifer Code: Not Reported Basin Code: Not Reported URL: http://www.owrb.ok.gov/wd/reporting/printreport.php?siteid=97377

TC5555408.2s Page A-15 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Map ID Direction Distance Database EDR ID Number

1 SW OIL_GAS OKOG20000155940 0 - 1/8 Mile Fid: 155939 Api county: 071 Api number: 00085 Well name: HAYNES Well no: 1-A Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SE4 Quarter2: SE4 Quarter3: SW4 Quarter4: Not Reported Feet ns: 300 Direct ns: S Feet ew: 950 Direct ew: E Latitude: 36.884276 Longitude: -96.94332 G elevatio: 0 D el: 0 Completion: 1949-12-28 Dept: 0 Site id: OKOG20000155940

2 NW OIL_GAS OKOG20000156543 1/4 - 1/2 Mile Fid: 156542 Api county: 071 Api number: 00712 Well name: SHERRILL Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: DRY Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SE4 Quarter2: NW4 Quarter3: SW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.887901 Longitude: -96.94783 G elevatio: 1025 D el: 0 Completion: 1951-08-30 Dept: 0 Site id: OKOG20000156543

3 SE OIL_GAS OKOG20000156546 1/2 - 1 Mile Fid: 156545 Api county: 071 Api number: 00715 Well name: CLABIER Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: PA Well class: DRY Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 25 Township: 28N Range: 3E Quarter1: NW4 Quarter2: SW4 Quarter3: NE4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.878806

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Longitude: -96.93655 G elevatio: 0 D el: 0 Completion: 1945-07-26 Dept: 0 Site id: OKOG20000156546

4 West OIL_GAS OKOG20000156531 1/2 - 1 Mile Fid: 156530 Api county: 071 Api number: 00700 Well name: CRONAN-MCGRAW Well no: 3 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: DRY Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4 Quarter2: SE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.886088 Longitude: -96.95234 G elevatio: 1015 D el: 0 Completion: 1952-01-31 Dept: 0 Site id: OKOG20000156531

5 South OIL_GAS OKOG20000156547 1/2 - 1 Mile Fid: 156546 Api county: 071 Api number: 00716 Well name: BAIN Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 26 Township: 28N Range: 3E Quarter1: NE4 Quarter2: SE4 Quarter3: SW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.877025 Longitude: -96.94331 G elevatio: 1012 D el: 0 Completion: 0 Dept: 0 Site id: OKOG20000156547

6 WNW OIL_GAS OKOG20000156530 1/2 - 1 Mile Fid: 156529 Api county: 071 Api number: 00699 Well name: CRONAN-MCGRAW Well no: 2 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4

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Quarter2: NE4 Quarter3: SW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.887901 Longitude: -96.95234 G elevatio: 1016 D el: 0 Completion: 1951-09-27 Dept: 0 Site id: OKOG20000156530

A7 WNW OIL_GAS OKOG20000156529 1/2 - 1 Mile Fid: 156528 Api county: 071 Api number: 00698 Well name: CRONAN Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4 Quarter2: NE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.889713 Longitude: -96.95234 G elevatio: 1018 D el: 0 Completion: 1951-04-19 Dept: 0 Site id: OKOG20000156529

A8 WNW OIL_GAS OKOG20000156324 1/2 - 1 Mile Fid: 156323 Api county: 071 Api number: 00482 Well name: CRONAN Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: PA Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4 Quarter2: NE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 330 Direct ns: N Feet ew: 990 Direct ew: E Latitude: 36.889713 Longitude: -96.95234 G elevatio: 0 D el: 0 Completion: 1941-02-28 Dept: 0 Site id: OKOG20000156324

A9 WNW OIL_GAS OKOG20000156504 1/2 - 1 Mile Fid: 156503 Api county: 071 Api number: 00671 Well name: N MERVINE Well no: 2 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC

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Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4 Quarter2: NE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.889713 Longitude: -96.95234 G elevatio: 0 D el: 0 Completion: 1961-01-19 Dept: 0 Site id: OKOG20000156504

10 North OIL_GAS OKOG20000161261 1/2 - 1 Mile Fid: 161260 Api county: 071 Api number: 05588 Well name: CURTIS Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 23 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: Not Reported Quarter3: Not Reported Quarter4: NE Feet ns: 330 Direct ns: N Feet ew: 330 Direct ew: W Latitude: 36.894246 Longitude: -96.94444 G elevatio: 0 D el: 0 Completion: 1935-04-24 Dept: 0 Site id: OKOG20000161261

11 West OIL_GAS OKOG20000156503 1/2 - 1 Mile Fid: 156502 Api county: 071 Api number: 00670 Well name: N MERVINE Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4 Quarter2: SW4 Quarter3: NE4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.886088 Longitude: -96.9546 G elevatio: 1014 D el: 0 Completion: 1961-01-19 Dept: 0 Site id: OKOG20000156503

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Map ID Direction Distance Database EDR ID Number

12 South OIL_GAS OKOG20000156548 1/2 - 1 Mile Fid: 156547 Api county: 071 Api number: 00717 Well name: KENNETH THOMAS Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: DRY Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 26 Township: 28N Range: 3E Quarter1: SE4 Quarter2: NE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 2310 Direct ns: S Feet ew: 4240 Direct ew: W Latitude: 36.875213 Longitude: -96.94331 G elevatio: 1013 D el: 0 Completion: 1954-08-05 Dept: 0 Site id: OKOG20000156548

13 South OIL_GAS OKOG20000159349 1/2 - 1 Mile Fid: 159348 Api county: 071 Api number: 03574 Well name: THOMAS Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 26 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: NE Quarter3: NE Quarter4: SE Feet ns: 2440 Direct ns: S Feet ew: 2125 Direct ew: W Latitude: 36.875213 Longitude: -96.94106 G elevatio: 0 D el: 0 Completion: 1954-01-01 Dept: 0 Site id: OKOG20000159349

B14 WNW OIL_GAS OKOG20000156505 1/2 - 1 Mile Fid: 156504 Api county: 071 Api number: 00672 Well name: N MERVINE Well no: 3 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: INJ Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4 Quarter2: NW4 Quarter3: SE4 Quarter4: Not Reported Feet ns: 1550 Direct ns: S Feet ew: 990 Direct ew: W Latitude: 36.887901

TC5555408.2s Page A-20 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Longitude: -96.9546 G elevatio: 0 D el: 0 Completion: 1961-01-05 Dept: 0 Site id: OKOG20000156505

B15 WNW OIL_GAS OKOG20000156533 1/2 - 1 Mile Fid: 156532 Api county: 071 Api number: 00702 Well name: CRONAN-MCGRAW Well no: 5 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4 Quarter2: NW4 Quarter3: SE4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.887901 Longitude: -96.9546 G elevatio: 1013 D el: 0 Completion: 1952-02-28 Dept: 0 Site id: OKOG20000156533

B16 WNW OIL_GAS OKOG20000159338 1/2 - 1 Mile Fid: 159337 Api county: 071 Api number: 03563 Well name: NORTH MERVINE U Well no: 4 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 23 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: SE Quarter3: NW Quarter4: SW Feet ns: 1880 Direct ns: S Feet ew: 940 Direct ew: W Latitude: 36.887901 Longitude: -96.9546 G elevatio: 0 D el: 0 Completion: 1960-09-27 Dept: 0 Site id: OKOG20000159338

17 WNW OIL_GAS OKOG20000156532 1/2 - 1 Mile Fid: 156531 Api county: 071 Api number: 00701 Well name: CRONAN-MCGRAW Well no: 4 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4

TC5555408.2s Page A-21 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Quarter2: NW4 Quarter3: NE4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.889713 Longitude: -96.9546 G elevatio: 1012 D el: 0 Completion: 1952-02-14 Dept: 0 Site id: OKOG20000156532

C19 NE OIL_GAS OKOG20000159343 1/2 - 1 Mile Fid: 159342 Api county: 071 Api number: 03568 Well name: GOODSON D Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 24 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: NW Quarter3: SE Quarter4: NW Feet ns: 990 Direct ns: S Feet ew: 1650 Direct ew: W Latitude: 36.893307 Longitude: -96.9343 G elevatio: 0 D el: 0 Completion: 1957-04-28 Dept: 0 Site id: OKOG20000159343

C18 NE OIL_GAS OKOG20000156545 1/2 - 1 Mile Fid: 156544 Api county: 071 Api number: 00714 Well name: LORA GOODSON Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: DRY Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 24 Township: 28N Range: 3E Quarter1: NW4 Quarter2: SE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.893307 Longitude: -96.9343 G elevatio: 1166 D el: 0 Completion: 1957-05-30 Dept: 0 Site id: OKOG20000156545

D20 NW OIL_GAS OKOG20000156506 1/2 - 1 Mile Fid: 156505 Api county: 071 Api number: 00673 Well name: N MERVINE Well no: 6 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC

TC5555408.2s Page A-22 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Well class: INJ Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NW4 Quarter2: SE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 3795 Direct ns: S Feet ew: 1815 Direct ew: W Latitude: 36.893339 Longitude: -96.95234 G elevatio: 0 D el: 0 Completion: 1961-01-05 Dept: 0 Site id: OKOG20000156506

D21 NW OIL_GAS OKOG20000156542 1/2 - 1 Mile Fid: 156541 Api county: 071 Api number: 00711 Well name: N MERVINE Well no: 7 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NW4 Quarter2: SE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.893339 Longitude: -96.95234 G elevatio: 0 D el: 0 Completion: 1961-01-19 Dept: 0 Site id: OKOG20000156542

E22 West OIL_GAS OKOG20000156501 1/2 - 1 Mile Fid: 156500 Api county: 071 Api number: 00668 Well name: GRAHAM MCGRAW Well no: 6 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: DRY Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4 Quarter2: SW4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.886088 Longitude: -96.95685 G elevatio: 1013 D el: 0 Completion: 1952-11-06 Dept: 0 Site id: OKOG20000156501

TC5555408.2s Page A-23 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Map ID Direction Distance Database EDR ID Number

E23 West OIL_GAS OKOG20000161259 1/2 - 1 Mile Fid: 161258 Api county: 071 Api number: 05582 Well name: CRONAN & MCGRAW Well no: 6 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 23 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: NW Quarter3: SW Quarter4: SW Feet ns: 990 Direct ns: S Feet ew: 330 Direct ew: W Latitude: 36.886088 Longitude: -96.95685 G elevatio: 0 D el: 0 Completion: 1952-10-14 Dept: 0 Site id: OKOG20000161259

24 South OIL_GAS OKOG20000159348 1/2 - 1 Mile Fid: 159347 Api county: 071 Api number: 03573 Well name: CLAVIER A Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: PA Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 26 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: SE Quarter3: NE Quarter4: SE Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.873400 Longitude: -96.941058 G elevatio: 0 D el: 0 Completion: 1922-12-01 Dept: 0 Site id: OKOG20000159348

F26 NW OIL_GAS OKOG20000161260 1/2 - 1 Mile Fid: 161259 Api county: 071 Api number: 05583 Well name: HARDY-ROBERTS Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 23 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: SE Quarter3: SW Quarter4: NW Feet ns: 330 Direct ns: S Feet ew: 990 Direct ew: W Latitude: 36.891526

TC5555408.2s Page A-24 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Longitude: -96.9546 G elevatio: 0 D el: 0 Completion: 1952-01-15 Dept: 0 Site id: OKOG20000161260

F25 NW OIL_GAS OKOG20000156540 1/2 - 1 Mile Fid: 156539 Api county: 071 Api number: 00709 Well name: N MERVINE Well no: 4 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: INJ Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NW4 Quarter2: SW4 Quarter3: SE4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.891526 Longitude: -96.9546 G elevatio: 0 D el: 0 Completion: 1961-01-05 Dept: 0 Site id: OKOG20000156540

27 WNW OIL_GAS OKOG20000156507 1/2 - 1 Mile Fid: 156506 Api county: 071 Api number: 00674 Well name: N MERVINE Well no: 8 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: PA Well class: DRY Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: SW4 Quarter2: NW4 Quarter3: SW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.8879 Longitude: -96.95685 G elevatio: 1016 D el: 0 Completion: 1963-04-25 Dept: 0 Site id: OKOG20000156507

28 NNW OIL_GAS OKOG20000156536 1/2 - 1 Mile Fid: 156535 Api county: 071 Api number: 00705 Well name: HAYNES Well no: 3 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: PA Well class: DRY Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NW4

TC5555408.2s Page A-25 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Quarter2: NE4 Quarter3: SE4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.895152 Longitude: -96.95009 G elevatio: 1018 D el: 0 Completion: 1950-01-30 Dept: 0 Site id: OKOG20000156536

G30 SSE OIL_GAS OKOG20000159346 1/2 - 1 Mile Fid: 159345 Api county: 071 Api number: 03571 Well name: THOMAS J Well no: 3 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 25 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: SW Quarter3: NW Quarter4: SW Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.873367 Longitude: -96.938806 G elevatio: 0 D el: 0 Completion: 1916-10-01 Dept: 0 Site id: OKOG20000159346

G29 SSE OIL_GAS OKOG20000159345 1/2 - 1 Mile Fid: 159344 Api county: 071 Api number: 03570 Well name: THOMAS J Well no: 2 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: PA Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 25 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: SW Quarter3: NW Quarter4: SW Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.873367 Longitude: -96.938806 G elevatio: 0 D el: 0 Completion: 1915-11-13 Dept: 0 Site id: OKOG20000159345

D31 NW OIL_GAS OKOG20000156537 1/2 - 1 Mile Fid: 156536 Api county: 071 Api number: 00706 Well name: HAYNES Well no: 4 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC

TC5555408.2s Page A-26 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NW4 Quarter2: E2 Quarter3: W2 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.894245 Longitude: -96.95234 G elevatio: 1020 D el: 0 Completion: 1951-11-23 Dept: 0 Site id: OKOG20000156537

32 SSE OIL_GAS OKOG20000159347 1/2 - 1 Mile Fid: 159346 Api county: 071 Api number: 03572 Well name: THOMAS J Well no: 4 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 25 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: W2 Quarter3: NE Quarter4: SW Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.874274 Longitude: -96.934293 G elevatio: 0 D el: 0 Completion: 1916-11-26 Dept: 0 Site id: OKOG20000159347

33 NNW OIL_GAS OKOG20000156539 1/2 - 1 Mile Fid: 156538 Api county: 071 Api number: 00708 Well name: HAYNES Well no: 1-B Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NE4 Quarter2: NW4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.896964 Longitude: -96.94783 G elevatio: 1015 D el: 0 Completion: 1952-01-04 Dept: 0 Site id: OKOG20000156539

TC5555408.2s Page A-27 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Map ID Direction Distance Database EDR ID Number

H34 NW OIL_GAS OKOG20000156535 1/2 - 1 Mile Fid: 156534 Api county: 071 Api number: 00704 Well name: HAYNES Well no: 2 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NW4 Quarter2: NE4 Quarter3: SW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.895151 Longitude: -96.95234 G elevatio: 1017 D el: 0 Completion: 1950-01-03 Dept: 0 Site id: OKOG20000156535

H35 NW OIL_GAS OKOG20000156538 1/2 - 1 Mile Fid: 156537 Api county: 071 Api number: 00707 Well name: HAYNES Well no: 5 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NW4 Quarter2: N2 Quarter3: S2 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.895151 Longitude: -96.95347 G elevatio: 1020 D el: 0 Completion: 1952-10-23 Dept: 0 Site id: OKOG20000156538

36 NNW OIL_GAS OKOG20000159340 1/2 - 1 Mile Fid: 159339 Api county: 071 Api number: 03565 Well name: CURTIS CHAS Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 23 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: NE Quarter3: NE Quarter4: NW Feet ns: 330 Direct ns: N Feet ew: 330 Direct ew: E Latitude: 36.896964

TC5555408.2s Page A-28 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Longitude: -96.95009 G elevatio: 0 D el: 0 Completion: 1935-02-21 Dept: 0 Site id: OKOG20000159340

37 NNE OIL_GAS OKOG20000159342 1/2 - 1 Mile Fid: 159341 Api county: 071 Api number: 03567 Well name: HAYES Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 24 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: NW Quarter3: NE Quarter4: NW Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.896933 Longitude: -96.9343 G elevatio: 0 D el: 0 Completion: 1931-05-16 Dept: 0 Site id: OKOG20000159342

38 NW OIL_GAS OKOG20000159339 1/2 - 1 Mile Fid: 159338 Api county: 071 Api number: 03564 Well name: NORTH MERVINE U Well no: 6 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 23 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: SE Quarter3: NW Quarter4: NW Feet ns: 4110 Direct ns: S Feet ew: 1270 Direct ew: W Latitude: 36.895151 Longitude: -96.9546 G elevatio: 0 D el: 0 Completion: 1960-10-13 Dept: 0 Site id: OKOG20000159339

I40 NNW OIL_GAS OKOG20000156541 1/2 - 1 Mile Fid: 156540 Api county: 071 Api number: 00710 Well name: N MERVINE Well no: 5 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NW4

TC5555408.2s Page A-29 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Quarter2: NE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 4950 Direct ns: S Feet ew: 1550 Direct ew: W Latitude: 36.896964 Longitude: -96.95234 G elevatio: 0 D el: 0 Completion: 1961-01-19 Dept: 0 Site id: OKOG20000156541

I39 NNW OIL_GAS OKOG20000156534 1/2 - 1 Mile Fid: 156533 Api county: 071 Api number: 00703 Well name: HAYNES Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: OIL Operstatus: Not Reported Countycode: 071 Meridan: Indian Section: 23 Township: 28N Range: 3E Quarter1: NW4 Quarter2: NE4 Quarter3: NW4 Quarter4: Not Reported Feet ns: 0 Direct ns: Not Reported Feet ew: 0 Direct ew: Not Reported Latitude: 36.896964 Longitude: -96.95234 G elevatio: 1015 D el: 0 Completion: 1949-10-31 Dept: 0 Site id: OKOG20000156534

41 NNW OIL_GAS OKOG20000159315 1/2 - 1 Mile Fid: 159314 Api county: 071 Api number: 03539 Well name: HUDSON ROBERT Well no: 1 Oper name: OTC/OCC NOT ASSIGNED Oper no: 9998 Status: AC Well class: Not Reported Operstatus: Not Reported Countycode: 071 Meridan: IM Section: 14 Township: 28N Range: 3E Quarter1: Not Reported Quarter2: SW Quarter3: SW Quarter4: SE Feet ns: 330 Direct ns: S Feet ew: 330 Direct ew: W Latitude: 36.898777 Longitude: -96.94783 G elevatio: 0 D el: 0 Completion: 1935-01-31 Dept: 0 Site id: OKOG20000159315

TC5555408.2s Page A-30 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS RADON

AREA RADON INFORMATION

State Database: OK Radon

Radon Test Results

Zipcode Num Tests # > 4 pCi/L Maximum Average ______

74647 3 0 1.7 1.3

Federal EPA Radon Zone for KAY County: 3 Note: Zone 1 indoor average level > 4 pCi/L. : Zone 2 indoor average level >= 2 pCi/L and <= 4 pCi/L. : Zone 3 indoor average level < 2 pCi/L.

Federal Area Radon Information for Zip Code: 74647 Number of sites tested: 2 Area Average Activity % <4 pCi/L % 4-20 pCi/L % >20 pCi/L

Living Area - 1st Floor 0.700 pCi/L 100% 0% 0% Living Area - 2nd Floor Not Reported Not Reported Not Reported Not Reported Basement Not Reported Not Reported Not Reported Not Reported

TC5555408.2s Page A-31 PHYSICAL SETTING SOURCE RECORDS SEARCHED

TOPOGRAPHIC INFORMATION

USGS 7.5’ Digital Elevation Model (DEM) Source: United States Geologic Survey EDR acquired the USGS 7.5’ Digital Elevation Model in 2002 and updated it in 2006. The 7.5 minute DEM corresponds to the USGS 1:24,000- and 1:25,000-scale topographic quadrangle maps. The DEM provides elevation data with consistent elevation units and projection.

Current USGS 7.5 Minute Topographic Map Source: U.S. Geological Survey

HYDROLOGIC INFORMATION

Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015

NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service.

HYDROGEOLOGIC INFORMATION

AQUIFLOW R Information System Source: EDR proprietary database of groundwater flow information EDR has developed the AQUIFLOW Information System (AIS) to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted to regulatory authorities at select sites and has extracted the date of the report, hydrogeologically determined groundwater flow direction and depth to water table information.

GEOLOGIC INFORMATION

Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - A digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994).

STATSGO: State Soil Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) The U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) leads the national Conservation Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps.

SSURGO: Soil Survey Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) Telephone: 800-672-5559 SSURGO is the most detailed level of mapping done by the Natural Resources Conservation Service, mapping scales generally range from 1:12,000 to 1:63,360. Field mapping methods using national standards are used to construct the soil maps in the Soil Survey Geographic (SSURGO) database. SSURGO digitizing duplicates the original soil survey maps. This level of mapping is designed for use by landowners, townships and county natural resource planning and management.

TC5555408.2s Page PSGR-1 PHYSICAL SETTING SOURCE RECORDS SEARCHED

LOCAL / REGIONAL WATER AGENCY RECORDS

FEDERAL WATER WELLS

PWS: Public Water Systems Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at least 25 people for at least 60 days annually. PWSs provide water from wells, rivers and other sources.

PWS ENF: Public Water Systems Violation and Enforcement Data Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System (SDWIS) after August 1995. Prior to August 1995, the data came from the Federal Reporting Data System (FRDS).

USGS Water Wells: USGS National Water Inventory System (NWIS) This database contains descriptive information on sites where the USGS collects or has collected data on surface water and/or groundwater. The groundwater data includes information on wells, springs, and other sources of groundwater.

STATE RECORDS

Reported Well Locations in Oklahoma Source: Oklahoma Water Resources Board Telephone: 405-530-8800

OTHER STATE DATABASE INFORMATION

Oil and Gas Well Listing Source: Oklahoma Corporation Commission Telephone: 405-521-3636 Oil and gas well locations in the state.

Oil and Gas Well Listing Source: Osage Nation Environmental and Natural Resources Telephone: 918-287-5333 Oil and gas well locations.

RADON

State Database: OK Radon Source: Department of Environmental Quality Telephone: 405-702-5100 Radon Information

Area Radon Information Source: USGS Telephone: 703-356-4020 The National Radon Database has been developed by the U.S. Environmental Protection Agency (USEPA) and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey. The study covers the years 1986 - 1992. Where necessary data has been supplemented by information collected at private sources such as universities and research institutions.

EPA Radon Zones Source: EPA Telephone: 703-356-4020 Sections 307 & 309 of IRAA directed EPA to list and identify areas of U.S. with the potential for elevated indoor radon levels.

TC5555408.2s Page PSGR-2 PHYSICAL SETTING SOURCE RECORDS SEARCHED

OTHER

Airport Landing Facilities: Private and public use landing facilities Source: Federal Aviation Administration, 800-457-6656

Epicenters: World earthquake epicenters, Richter 5 or greater Source: Department of Commerce, National Oceanic and Atmospheric Administration

Earthquake Fault Lines: The fault lines displayed on EDR’s Topographic map are digitized quaternary faultlines, prepared in 1975 by the United State Geological Survey STREET AND ADDRESS INFORMATION

© 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.

TC5555408.2s Page PSGR-3 Proposed Kaw WMA Gun Range NWC of Intersection of E. River Road and N. Silver Newkirk, OK 74647

Inquiry Number: 5555408.2s February 06, 2019

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6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com

FORM-NULL-PVC TABLE OF CONTENTS

SECTION PAGE

Executive Summary ES1 Overview Map 2 Detail Map 3 Map Findings Summary 4 Map Findings 8 Orphan Summary 9 Government Records Searched/Data Currency Tracking GR-1

GEOCHECK ADDENDUM

Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map A-5 Physical Setting Source Map A-12 Physical Setting Source Map Findings A-14 Physical Setting Source Records Searched PSGR-1

Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments.

Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2018 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners.

TC5555408.2s Page 1 EXECUTIVE SUMMARY

A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate.

TARGET PROPERTY INFORMATION

ADDRESS

NWC OF INTERSECTION OF E. RIVER ROAD AND N. SILVER NEWKIRK, OK 74647

COORDINATES

Latitude (North): 36.8849730 - 36˚ 53’ 5.90’’ Longitude (West): 96.9429630 - 96˚ 56’ 34.66’’ Universal Tranverse Mercator: Zone 14 UTM X (Meters): 683317.9 UTM Y (Meters): 4083885.0 Elevation: 1044 ft. above sea level

USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY

Target Property: TP Source: U.S. Geological Survey

Target Property: S Source: U.S. Geological Survey

AERIAL PHOTOGRAPHY IN THIS REPORT

Portions of Photo from: 20150623 Source: USDA

TC5555408.2s EXECUTIVE SUMMARY 1 MAPPED SITES SUMMARY

Target Property Address: NWC OF INTERSECTION OF E. RIVER ROAD AND N. SILVER NEWKIRK, OK 74647

Click on Map ID to see full detail.

MAP RELATIVE DIST (ft. & mi.) IDSITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION

NO MAPPED SITES FOUND

5555408.2s Page 2 EXECUTIVE SUMMARY

TARGET PROPERTY SEARCH RESULTS

The target property was not listed in any of the databases searched by EDR.

SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified.

Unmappable (orphan) sites are not considered in the foregoing analysis.

TC5555408.2s EXECUTIVE SUMMARY 3 Database(s) Zip TC5555408.2s Page 9 Site Address ORPHAN SUMMARY Site Name NO SITES FOUND EDR ID Count: 0 records. City

EDR Inc.EDR Inc. 0 2

1

0 0

1

6 0

1 0 1 2

0 1 0 2 1

1

6 1 6 4 0

1

0 1

1 1

1

0

8 0

1

2

0 0

0 0 1 2 2 1 0 0 0 6 1 1 0 1

4

0

0

8 0 0 6 1 1

1

1

1

2

0

1 0 4

0 0 6

1

1

0 0 1 1 6 1 2 1

0 6

1 1 0 4 0 1 1 0 0 1 0 1

2

0 1 0 8 0

1 0 4 1 0 0 0 0 0 4 1 0 0 0 1 0 0 8 1 0

1 0 4 0

1 0 8 0

1120 1

1 0 0 4 4 0 0

1 0 00

1 0 0 0

1000 1040 1000

EDR Inc.EDR Inc. 1160

1080 1120 1000

1040

EDR Inc.EDR Inc. MAP FINDINGS SUMMARY

Search Distance Target Total Database(Miles) Property < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS 1.000 0 0 0 0 NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS-ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LUST 0.500 0 0 0 NR NR 0 LAST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists FEMA UST 0.250 0 0 NR NR NR 0

TC5555408.2s Page 4

EDR Inc.EDR Inc. MAP FINDINGS SUMMARY

Search Distance Target Total Database(Miles) Property < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control / engineering control registries INST CONTROL 0.500 0 0 0 NR NR 0 State and tribal voluntary cleanup sites VCP 0.500 0 0 0 NR NR 0 INDIAN VCP 0.500 0 0 0 NR NR 0 State and tribal Brownfields sites BROWNFIELDS 0.500 0 0 0 NR NR 0

ADDITIONAL ENVIRONMENTAL RECORDS

Local Brownfield lists US BROWNFIELDS 0.500 0 0 0 NR NR 0 Local Lists of Landfill / Solid Waste Disposal Sites SWRCY 0.500 0 0 0 NR NR 0 INDIAN ODI 0.500 0 0 0 NR NR 0 ODI 0.500 0 0 0 NR NR 0 DEBRIS REGION 9 0.500 0 0 0 NR NR 0 IHS OPEN DUMPS 0.500 0 0 0 NR NR 0 Local Lists of Hazardous waste / Contaminated Sites US HIST CDL TP NR NR NR NR NR 0 US CDL TP NR NR NR NR NR 0 Local Lists of Registered Storage Tanks HIST UST 0.250 0 0 NR NR NR 0 Local Land Records LIENS 2 TP NR NR NR NR NR 0 Records of Emergency Release Reports HMIRS TP NR NR NR NR NR 0 OK COMPLAINT TP NR NR NR NR NR 0 Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR 0 FUDS 1.000 0 0 0 0 NR 0 DOD 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0 US FIN ASSUR TP NR NR NR NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0

TC5555408.2s Page 5 MAP FINDINGS SUMMARY

Search Distance Target Total Database(Miles) Property < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

2020 COR ACTION 0.250 0 0 NR NR NR 0 TSCA TP NR NR NR NR NR 0 TRIS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ROD 1.000 0 0 0 0 NR 0 RMP TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 PRP TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 DOT OPS TP NR NR NR NR NR 0 CONSENT 1.000 0 0 0 0 NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 FUSRAP 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 LEAD SMELTERS TP NR NR NR NR NR 0 US AIRS TP NR NR NR NR NR 0 US MINES 0.250 0 0 NR NR NR 0 ABANDONED MINES 0.250 0 0 NR NR NR 0 FINDS TP NR NR NR NR NR 0 DOCKET HWC TP NR NR NR NR NR 0 UXO 1.000 0 0 0 0 NR 0 ECHO TP NR NR NR NR NR 0 FUELS PROGRAM 0.250 0 0 NR NR NR 0 AIRS TP NR NR NR NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 Financial Assurance TP NR NR NR NR NR 0 TIER 2 TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0

EDR HIGH RISK HISTORICAL RECORDS

EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 EDR Hist Auto 0.125 0 NR NR NR NR 0 EDR Hist Cleaner 0.125 0 NR NR NR NR 0

EDR RECOVERED GOVERNMENT ARCHIVES

Exclusive Recovered Govt. Archives RGA HWS TP NR NR NR NR NR 0 RGA LF TP NR NR NR NR NR 0

TC5555408.2s Page 6 MAP FINDINGS SUMMARY

Search Distance Target Total Database(Miles) Property < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

RGA LUST TP NR NR NR NR NR 0

- Totals -- 0 0 0 0 0 0 0

NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database

TC5555408.2s Page 7 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number

NO SITES FOUND

TC5555408.2s Page 8 07/01/2013 01/03/2014 07/01/2013 01/20/2014 07/01/2013 12/27/2013 Gov Date09/24/2018 Arvl. Date 09/25/201812/07/2018 Active Date 10/26/2018 12/26/201809/07/2012 01/07/2019 09/07/201211/07/2018 10/10/2012 11/15/201809/24/2018 12/18/2018 09/25/201807/25/2014 10/26/2018 11/06/201412/10/2013 01/13/2015 12/12/201303/21/2003 01/24/2014 04/28/200303/01/2018 05/27/2003 05/17/201812/07/2018 07/02/2018 12/26/201812/07/2018 01/07/2019 12/26/201809/30/2016 01/07/2019 06/01/2017 09/29/2017 12/31/2009 05/28/201006/20/2018 07/13/2010 10/31/201801/04/2018 12/18/2018 01/23/201812/31/2017 02/05/2018 09/28/201810/16/2018 10/26/2018 10/17/201812/07/2018 10/26/2018 12/26/201809/29/2018 01/07/2019 11/15/201809/30/2017 01/03/2019 05/08/201809/10/2018 07/20/2018 09/11/201812/31/2015 09/14/2018 02/22/201712/31/2005 09/28/2017 08/07/200907/01/2014 10/22/2009 09/10/2014 10/20/2014 03/01/2018 03/28/201801/12/2009 06/22/2018 05/07/200905/31/2018 09/21/2009 07/26/201812/31/2005 10/05/2018 11/10/2006 01/11/2007 12/12/2018 12/28/201809/02/2018 01/11/2019 09/05/2018 09/14/2018 08/30/2013 03/21/2014 06/17/2014 TC5555408.2s Page GR-1 Government Agency Department of Environmental Quality Oklahoma Corporation Commission Department of Environmental Quality Department of Environmental Quality Department of Environmental Quality Department of Environmental Quality Department of Environmental Quality Oklahoma Corporation Commission Department of Environmental Quality Oklahoma Corporation Commission Oklahoma Corporation Commission Oklahoma Conservation Commission Department of Environmental Quality Department of Environmental Quality Department of Environmental Quality Department of Environmental Quality Department of Environmental Quality Department of Environmental Quality Oklahoma Corporation Commission Department of Environmental Quality Environmental Protection Agency Department of Interior EPA/NTIS Department of Energy Environmental Protection Agency Department of Justice, Consent Decree LibraryEPA EPA, Region 9 09/30/2018Environmental Protection Agency 10/12/2018USGS 12/07/2018 Department of Transporation, Office PipeliEPA Environmental Protection Agency EDR, Inc. 10/01/2018EDR, Inc. 10/30/2018EDR, Inc. 01/18/2019 Environmental Protection Agency Full Name Permitted AIRS Facility Listing Aboveground Storage Tanks Brownfield Sites Brownfields Public Record Listing Drycleaner Facilities Financial Assurance Information Listing Financial Assurance Information Listing Underground Storage Tank List, List II Version Institutional Control Sites Leaking Aboveground Storage Tanks List Leaking Underground Storage Tank List Oklahoma Complaint System Database Recovered Government Archive State Hazardous Waste FacilitieRecovered Government Archive Solid Waste Facilities List Recovered Government Archive Leaking Underground Storage Tan Department of Environmental Quality Voluntary Cleanup & Superfund Site Status Report Oklahoma Corporation Commission Permitted Solid Waste Disposal & Processing Facilities Recycling Facilities Tier 2 Data Listing Underground Injection Wells Database Listing Underground Storage Tank Listing Voluntary Cleanup Site Inventory 2020 Corrective Action Program List Abandoned Mines Biennial Reporting System Steam-Electric Plant Operation Data Coal Combustion Residues Surface Impoundments List Superfund (CERCLA) Consent Decrees Corrective Action Report Torres Martinez Reservation Illegal Dump Site Locations Hazardous Waste Compliance Docket Listing Department of Defense Sites Incident and Accident Data National Priority List Deletions Enforcement & Compliance History Information EDR Exclusive Historical Auto Stations EDR Exclusive Historical Cleaners EDR Proprietary Manufactured Gas Plants EPA WATCH LIST GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING StOK Acronym AIRS OK AST OK BROWNFIELDS OK BROWNFIELDS 2 OK DRYCLEANERS OK Financial Assurance 1 OK Financial Assurance 2 OK HIST UST OK INST CONTROL OK LAST OK LUST OK OK COMPLAINT OK RGA HWS OK RGA LF OK RGA LUST OK SHWS OK SWF/LF OK SWRCY OK TIER 2 OK UIC OK UST OK VCP US 2020 COR ACTION US ABANDONED MINES US BRS US COAL ASH DOE US COAL ASH EPA US CONSENT US CORRACTS US DEBRIS REGION 9 US DOCKET HWC US DOD US DOT OPS US Delisted NPL US ECHO US EDR Hist Auto US EDR Hist Cleaner US EDR MGP US EPA WATCH LIST US ERNSUS FEDERAL FACILITYUS FEDLANDUS FEMA USTUS FINDSUS FTTSUS FTTS INSPUS Federal Facility Site Information listing FUDS Emergency Response Notification System Federal and Indian Lands Underground Storage Tank Listing Facility Index System/Facility Registry System FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fu FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fu EPA Formerly Used Defense Sites Environmental Protection Agency EPA/Office of Prevention, Pesticides and Toxi National Response Center, United States Coast 04/09/2009 04/16/2009 09/24/2018 05/11/2009 EPA 09/25/2018 FEMA 11/09/2018 11/07/2016 01/05/2017 U.S. Geological Survey 04/07/2017 U.S. Army Corps of Engineers 04/09/2009 04/16/2009 05/11/2009 12/31/2005 02/06/2006 01/11/2007 01/31/2015 11/15/2018 05/15/2017 07/08/2015 12/05/2018 05/30/2017 10/13/2015 01/11/2019 10/13/2017 EDR Inc.EDR Inc. GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

St Acronym Full Name Government Agency Gov Date Arvl. Date Active Date US FUELS PROGRAM EPA Fuels Program Registered Listing EPA 08/22/2018 08/22/2018 10/05/2018 US FUSRAP Formerly Utilized Sites Remedial Action Program Department of Energy 08/08/2017 09/11/2018 09/14/2018 US HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing Environmental Protection Agency 10/19/2006 03/01/2007 04/10/2007 US HIST FTTS INSP FIFRA/TSCA Tracking System Inspection & Enforcement Case Lis Environmental Protection Agency 10/19/2006 03/01/2007 04/10/2007 US HMIRS Hazardous Materials Information Reporting System U.S. Department of Transportation 03/26/2018 03/27/2018 06/08/2018 US ICIS Integrated Compliance Information System Environmental Protection Agency 11/18/2016 11/23/2016 02/10/2017 US IHS OPEN DUMPS Open Dumps on Indian Land Department of Health & Human Serivces, Indian 04/01/2014 08/06/2014 01/29/2015 US INDIAN LUST R1 Leaking Underground Storage Tanks on Indian Land EPA Region 1 04/13/2018 05/18/2018 07/20/2018 US INDIAN LUST R10 Leaking Underground Storage Tanks on Indian Land EPA Region 10 04/12/2018 05/18/2018 07/20/2018 US INDIAN LUST R4 Leaking Underground Storage Tanks on Indian Land EPA Region 4 05/08/2018 05/18/2018 07/20/2018 US INDIAN LUST R5 Leaking Underground Storage Tanks on Indian Land EPA, Region 5 04/12/2018 05/18/2018 07/20/2018 US INDIAN LUST R6 Leaking Underground Storage Tanks on Indian Land EPA Region 6 04/01/2018 05/18/2018 07/20/2018 US INDIAN LUST R7 Leaking Underground Storage Tanks on Indian Land EPA Region 7 04/24/2018 05/18/2018 07/20/2018 US INDIAN LUST R8 Leaking Underground Storage Tanks on Indian Land EPA Region 8 04/25/2018 05/18/2018 07/20/2018 US INDIAN LUST R9 Leaking Underground Storage Tanks on Indian Land Environmental Protection Agency 04/10/2018 05/18/2018 07/20/2018 US INDIAN ODI Report on the Status of Open Dumps on Indian Lands Environmental Protection Agency 12/31/1998 12/03/2007 01/24/2008 US INDIAN RESERV Indian Reservations USGS 12/31/2014 07/14/2015 01/10/2017 US INDIAN UST R1 Underground Storage Tanks on Indian Land EPA, Region 1 04/13/2018 05/18/2018 07/20/2018 US INDIAN UST R10 Underground Storage Tanks on Indian Land EPA Region 10 04/12/2018 05/18/2018 07/20/2018 US INDIAN UST R4 Underground Storage Tanks on Indian Land EPA Region 4 05/08/2018 05/18/2018 07/20/2018 US INDIAN UST R5 Underground Storage Tanks on Indian Land EPA Region 5 04/12/2018 05/18/2018 07/20/2018 US INDIAN UST R6 Underground Storage Tanks on Indian Land EPA Region 6 04/01/2018 05/18/2018 07/20/2018 US INDIAN UST R7 Underground Storage Tanks on Indian Land EPA Region 7 04/24/2018 05/18/2018 07/20/2018 US INDIAN UST R8 Underground Storage Tanks on Indian Land EPA Region 8 04/25/2018 05/18/2018 07/20/2018 US INDIAN UST R9 Underground Storage Tanks on Indian Land EPA Region 9 04/10/2018 05/18/2018 07/20/2018 US INDIAN VCP R1 Voluntary Cleanup Priority Listing EPA, Region 1 07/27/2015 09/29/2015 02/18/2016 US INDIAN VCP R7 Voluntary Cleanup Priority Lisitng EPA, Region 7 03/20/2008 04/22/2008 05/19/2008 US LEAD SMELTER 1 Lead Smelter Sites Environmental Protection Agency 12/12/2018 12/28/2018 01/11/2019 US LEAD SMELTER 2 Lead Smelter Sites American Journal of Public Health 04/05/2001 10/27/2010 12/02/2010 US LIENS 2 CERCLA Lien Information Environmental Protection Agency 12/12/2018 12/28/2018 01/11/2019 US LUCIS Land Use Control Information System Department of the Navy 10/17/2018 10/25/2018 12/07/2018 US MLTS Material Licensing Tracking System Nuclear Regulatory Commission 08/30/2016 09/08/2016 10/21/2016 US NPL National Priority List EPA 12/12/2018 12/28/2018 01/11/2019 US NPL LIENS Federal Superfund Liens EPA 10/15/1991 02/02/1994 03/30/1994 US ODI Open Dump Inventory Environmental Protection Agency 06/30/1985 08/09/2004 09/17/2004 US PADS PCB Activity Database System EPA 09/14/2018 10/11/2018 12/07/2018 US PCB TRANSFORMER PCB Transformer Registration Database Environmental Protection Agency 05/24/2017 11/30/2017 12/15/2017 US PRP Potentially Responsible Parties EPA 08/13/2018 10/04/2018 11/09/2018 US Proposed NPL Proposed National Priority List Sites EPA 12/12/2018 12/28/2018 01/11/2019 US RAATS RCRA Administrative Action Tracking System EPA 04/17/1995 07/03/1995 08/07/1995 US RADINFO Radiation Information Database Environmental Protection Agency 10/02/2018 10/03/2018 11/09/2018 US RCRA NonGen / NLR RCRA - Non Generators / No Longer Regulated Environmental Protection Agency 03/01/2018 03/28/2018 06/22/2018 US RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generators Environmental Protection Agency 03/01/2018 03/28/2018 06/22/2018 US RCRA-LQG RCRA - Large Quantity Generators Environmental Protection Agency 03/01/2018 03/28/2018 06/22/2018 US RCRA-SQG RCRA - Small Quantity Generators Environmental Protection Agency 03/01/2018 03/28/2018 06/22/2018 US RCRA-TSDF RCRA - Treatment, Storage and Disposal Environmental Protection Agency 03/01/2018 03/28/2018 06/22/2018 US RMP Risk Management Plans Environmental Protection Agency 10/26/2018 11/06/2018 01/11/2019

TC5555408.2s Page GR-2 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

St Acronym Full Name Government Agency Gov Date Arvl. Date Active Date US ROD Records Of Decision EPA 12/12/2018 12/28/2018 01/11/2019 US SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing Environmental Protection Agency 01/01/2017 02/03/2017 04/07/2017 US SEMS Superfund Enterprise Management System EPA 12/12/2018 12/28/2018 01/11/2019 US SEMS-ARCHIVE Superfund Enterprise Management System Archive EPA 12/13/2018 12/28/2018 01/11/2019 US SSTS Section 7 Tracking Systems EPA 12/31/2009 12/10/2010 02/25/2011 US TRIS Toxic Chemical Release Inventory System EPA 12/31/2016 01/10/2018 01/12/2018 US TSCA Toxic Substances Control Act EPA 12/31/2016 06/21/2017 01/05/2018 US UMTRA Uranium Mill Tailings Sites Department of Energy 06/23/2017 10/11/2017 11/03/2017 US US AIRS (AFS) Aerometric Information Retrieval System Facility Subsystem ( EPA 10/12/2016 10/26/2016 02/03/2017 US US AIRS MINOR Air Facility System Data EPA 10/12/2016 10/26/2016 02/03/2017 US US BROWNFIELDS A Listing of Brownfields Sites Environmental Protection Agency 12/17/2018 12/18/2018 01/11/2019 US US CDL Clandestine Drug Labs Drug Enforcement Administration 09/21/2018 09/21/2018 11/09/2018 US US ENG CONTROLS Engineering Controls Sites List Environmental Protection Agency 07/31/2018 08/28/2018 09/14/2018 US US FIN ASSUR Financial Assurance Information Environmental Protection Agency 08/31/2018 09/25/2018 11/09/2018 US US HIST CDL National Clandestine Laboratory Register Drug Enforcement Administration 09/21/2018 09/21/2018 11/09/2018 US US INST CONTROL Sites with Institutional Controls Environmental Protection Agency 07/31/2018 08/28/2018 09/14/2018 US US MINES Mines Master Index File Department of Labor, Mine Safety and Health A 08/01/2018 08/29/2018 10/05/2018 US US MINES 2 Ferrous and Nonferrous Metal Mines Database Listing USGS 12/05/2005 02/29/2008 04/18/2008 US US MINES 3 Active Mines & Mineral Plants Database Listing USGS 04/14/2011 06/08/2011 09/13/2011 US UXO Unexploded Ordnance Sites Department of Defense 09/30/2017 06/19/2018 09/14/2018

CT CT MANIFEST Hazardous Waste Manifest Data Department of Energy & Environmental Protecti 11/12/2018 11/14/2018 12/04/2018 NY NY MANIFEST Facility and Manifest Data Department of Environmental Conservation 10/01/2018 10/31/2018 12/20/2018 WI WI MANIFEST Manifest Information Department of Natural Resources 12/31/2017 06/15/2018 07/09/2018

US AHA Hospitals Sensitive Receptor: AHA Hospitals American Hospital Association, Inc. US Medical Centers Sensitive Receptor: Medical Centers Centers for Medicare & Medicaid Services US Nursing Homes Sensitive Receptor: Nursing Homes National Institutes of Health US Public Schools Sensitive Receptor: Public Schools National Center for Education Statistics US Private Schools Sensitive Receptor: Private Schools National Center for Education Statistics OK Daycare Centers Sensitive Receptor: Day Care Centers Department of Human Services

US Flood Zones 100-year and 500-year flood zones Emergency Management Agency (FEMA) US NWI National Wetlands Inventory U.S. Fish and Wildlife Service US Topographic Map U.S. Geological Survey US Oil/Gas Pipelines PennWell Corporation US Electric Power Transmission Line Data PennWell Corporation

TC5555408.2s Page GR-3 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

St Acronym Full Name Government Agency Gov Date Arvl. Date Active Date STREET AND ADDRESS INFORMATION

© 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.

TC5555408.2s Page GR−4 GEOCHECK ® - PHYSICAL SETTING SOURCE ADDENDUM

TARGET PROPERTY ADDRESS

PROPOSED KAW WMA GUN RANGE NWC OF INTERSECTION OF E. RIVER ROAD AND N. SILVER NEWKIRK, OK 74647

TARGET PROPERTY COORDINATES

Latitude (North): 36.884973 - 36˚ 53’ 5.90’’ Longitude (West): 96.942963 - 96˚ 56’ 34.67’’ Universal Tranverse Mercator: Zone 14 UTM X (Meters): 683317.9 UTM Y (Meters): 4083885.0 Elevation: 1044 ft. above sea level

USGS TOPOGRAPHIC MAP

Target Property Map: 5927534 KAW CITY NW, OK Version Date: 2012

South Map: 5927554 UNCAS, OK Version Date: 2012

EDR’s GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in forming an opinion about the impact of potential contaminant migration.

Assessment of the impact of contaminant migration generally has two principle investigative components:

1. Groundwater flow direction, and 2. Groundwater flow velocity.

Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the geologic strata.

TC5555408.2s Page A-1 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

GROUNDWATER FLOW DIRECTION INFORMATION Groundwater flow direction for a particular site is best determined by a qualified environmental professional using site-specific well data. If such data is not reasonably ascertainable, it may be necessary to rely on other sources of information, such as surface topographic information, hydrologic information, hydrogeologic data collected on nearby properties, and regional groundwater flow information (from deep aquifers).

TOPOGRAPHIC INFORMATION Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted.

TARGET PROPERTY TOPOGRAPHY General Topographic Gradient: General WSW

SURROUNDING TOPOGRAPHY: ELEVATION PROFILES 1065 1056 1055 1051 1044 1039 1024 1024 1021 1019 1018 1017 1017 1017 1017 1016 1014 1009 990 Elevation (ft)

North South TP 1190 1181 1165 1153 1147 1141 1094 1082 1071 1062 1044 1022 1021 1016 1013 1011 1011 1011 1007 Elevation (ft)

West East TP 0 1/2 1 Miles ✩Target Property Elevation: 1044 ft.

Source: Topography has been determined from the USGS 7.5’ Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified.

TC5555408.2s Page A-2 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

HYDROLOGIC INFORMATION Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted.

Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways and bodies of water).

FEMA FLOOD ZONE

Flood Plain Panel at Target Property FEMA Source Type

40071C0125D FEMA FIRM Flood data

Additional Panels in search area: FEMA Source Type

40071C0300D FEMA FIRM Flood data

NATIONAL WETLAND INVENTORY NWI Electronic NWI Quad at Target Property Data Coverage KAW CITY NW YES - refer to the Overview Map and Detail Map

HYDROGEOLOGIC INFORMATION Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted.

AQUIFLOW® Search Radius: 1.000 Mile.

EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory authorities at select sites and has extracted the date of the report, groundwater flow direction as determined hydrogeologically, and the depth to water table.

LOCATION GENERAL DIRECTION MAP ID FROM TP GROUNDWATER FLOW Not Reported

TC5555408.2s Page A-3 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

GROUNDWATER FLOW VELOCITY INFORMATION Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes move more quickly through sandy-gravelly types of soils than silty-clayey types of soils.

GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY Geologic information can be used by the environmental professional in forming an opinion about the relative speed at which contaminant migration may be occurring.

ROCK STRATIGRAPHIC UNIT GEOLOGIC AGE IDENTIFICATION

Era: Paleozoic Category: Stratifed Sequence System: Permian Series: Wolfcampian Series Code: P1 (decoded above as Era, System & Series)

Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - a digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994).

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EDR Inc.EDR Inc. GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY

The U.S. Department of Agriculture’s (USDA) Soil Conservation Service (SCS) leads the National Cooperative Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. The following information is based on Soil Conservation Service SSURGO data.

Soil Map ID: 1

Soil Component Name: Dougherty

Soil Surface Texture: loamy fine sand

Hydrologic Group: Class A - High infiltration rates. Soils are deep, well drained to excessively drained sands and gravels.

Soil Drainage Class: Well drained

Hydric Status: Partially hydric

Corrosion Potential - Uncoated Steel: Moderate

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 5 inches loamy fine sand Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1 2 5 inches 22 inches fine sand Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1 3 22 inches 31 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1 4 31 inches 48 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1 5 48 inches 64 inches loamy fine sand Not reported Not reported Max: 42.33 Max: 7.3 Min: 14.114 Min: 5.1

Soil Map ID: 2

Soil Component Name: Minco

Soil Surface Texture: silt loam

Hydrologic Group: Class B - Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately coarse textures.

Soil Drainage Class: Well drained

TC5555408.2s Page A-6 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: Low

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 12 inches silt loam Not reported Not reported Max: 14.114 Max: 8.4 Min: 4.233 Min: 6.1 2 12 inches 25 inches loam Not reported Not reported Max: 14.114 Max: 8.4 Min: 4.233 Min: 6.1 3 25 inches 63 inches loam Not reported Not reported Max: 14.114 Max: 8.4 Min: 4.233 Min: 6.1

Soil Map ID: 3

Soil Component Name: Pocasset

Soil Surface Texture: fine sandy loam

Hydrologic Group: Class B - Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately coarse textures.

Soil Drainage Class: Well drained

Hydric Status: Partially hydric

Corrosion Potential - Uncoated Steel: Low

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 14 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 8.4 Min: 14.114 Min: 7.9

TC5555408.2s Page A-7 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

2 14 inches 33 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 8.4 Min: 14.114 Min: 7.9 3 33 inches 59 inches fine sandy loam Not reported Not reported Max: 42.33 Max: 8.4 Min: 14.114 Min: 7.9

Soil Map ID: 4

Soil Component Name: Gaddy

Soil Surface Texture: fine sand

Hydrologic Group: Class A - High infiltration rates. Soils are deep, well drained to excessively drained sands and gravels.

Soil Drainage Class: Somewhat excessively drained

Hydric Status: Partially hydric

Corrosion Potential - Uncoated Steel: Low

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 14 inches fine sand Not reported Not reported Max: 141.14 Max: 8.4 Min: 42.33 Min: 7.9 2 14 inches 59 inches stratified fine Not reported Not reported Max: 141.14 Max: 8.4 sand to clay Min: 42.33 Min: 7.9 loam

Soil Map ID: 5

Soil Component Name: Water

Soil Surface Texture: water

Hydrologic Group: Class A - High infiltration rates. Soils are deep, well drained to excessively drained sands and gravels.

Soil Drainage Class:

TC5555408.2s Page A-8 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Hydric Status: All hydric

Corrosion Potential - Uncoated Steel: Not Reported

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 79 inches water Not reported Not reported Max: Max: Min: Min:

Soil Map ID: 6

Soil Component Name: Shidler

Soil Surface Texture: silty clay loam

Hydrologic Group: Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer.

Soil Drainage Class: Well drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: Moderate

Depth to Bedrock Min: > 23 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 9 inches silty clay loam Not reported Not reported Max: 0.0106 Max: Min: Min: 0 2 9 inches 11 inches bedrock Not reported Not reported Max: 0.0106 Max: Min: Min: 0

TC5555408.2s Page A-9 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Soil Map ID: 7

Soil Component Name: Goodnight

Soil Surface Texture: loamy fine sand

Hydrologic Group: Class A - High infiltration rates. Soils are deep, well drained to excessively drained sands and gravels.

Soil Drainage Class: Excessively drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: Low

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH)

1 0 inches 5 inches loamy fine sand Not reported Not reported Max: 141.14 Max: 8.4 Min: 42.33 Min: 6.1 2 5 inches 40 inches loamy fine sand Not reported Not reported Max: 141.14 Max: 8.4 Min: 42.33 Min: 6.1 3 40 inches 79 inches loamy fine sand Not reported Not reported Max: 141.14 Max: 8.4 Min: 42.33 Min: 6.1

LOCAL / REGIONAL WATER AGENCY RECORDS

EDR Local/Regional Water Agency records provide water well information to assist the environmental professional in assessing sources that may impact ground water flow direction, and in forming an opinion about the impact of contaminant migration on nearby drinking water wells.

WELL SEARCH DISTANCE INFORMATION

DATABASE SEARCH DISTANCE (miles) Federal USGS 1.000 Federal FRDS PWS Nearest PWS within 1 mile State Database 1.000

FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP

TC5555408.2s Page A-10 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found

FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION MAP ID WELL ID FROM TP No PWS System Found

Note: PWS System location is not always the same as well location.

STATE DATABASE WELL INFORMATION LOCATION MAP ID WELL ID FROM TP A1 OK6000000149870 1/8 - 1/4 Mile South A2 OK6000000135649 1/8 - 1/4 Mile SSW B3 OK6000000153541 1/8 - 1/4 Mile SW B4 OK6000000149869 1/8 - 1/4 Mile SW 5 OK6000000095984 1/2 - 1 Mile ESE

OTHER STATE DATABASE INFORMATION

STATE OIL/GAS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP 1 OKOG20000155940 0 - 1/8 Mile SW 2 OKOG20000156543 1/4 - 1/2 Mile NW 3 OKOG20000156546 1/2 - 1 Mile SE 4 OKOG20000156531 1/2 - 1 Mile West 5 OKOG20000156547 1/2 - 1 Mile South 6 OKOG20000156530 1/2 - 1 Mile WNW A7 OKOG20000156529 1/2 - 1 Mile WNW A8 OKOG20000156324 1/2 - 1 Mile WNW A9 OKOG20000156504 1/2 - 1 Mile WNW 10 OKOG20000161261 1/2 - 1 Mile North 11 OKOG20000156503 1/2 - 1 Mile West 12 OKOG20000156548 1/2 - 1 Mile South 13 OKOG20000159349 1/2 - 1 Mile South B14 OKOG20000156505 1/2 - 1 Mile WNW B15 OKOG20000156533 1/2 - 1 Mile WNW B16 OKOG20000159338 1/2 - 1 Mile WNW 17 OKOG20000156532 1/2 - 1 Mile WNW C19 OKOG20000159343 1/2 - 1 Mile NE C18 OKOG20000156545 1/2 - 1 Mile NE D20 OKOG20000156506 1/2 - 1 Mile NW D21 OKOG20000156542 1/2 - 1 Mile NW E22 OKOG20000156501 1/2 - 1 Mile West E23 OKOG20000161259 1/2 - 1 Mile West 24 OKOG20000159348 1/2 - 1 Mile South F26 OKOG20000161260 1/2 - 1 Mile NW F25 OKOG20000156540 1/2 - 1 Mile NW

TC5555408.2s Page A-11 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

STATE OIL/GAS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP 27 OKOG20000156507 1/2 - 1 Mile WNW 28 OKOG20000156536 1/2 - 1 Mile NNW G30 OKOG20000159346 1/2 - 1 Mile SSE G29 OKOG20000159345 1/2 - 1 Mile SSE D31 OKOG20000156537 1/2 - 1 Mile NW 32 OKOG20000159347 1/2 - 1 Mile SSE 33 OKOG20000156539 1/2 - 1 Mile NNW H34 OKOG20000156535 1/2 - 1 Mile NW H35 OKOG20000156538 1/2 - 1 Mile NW 36 OKOG20000159340 1/2 - 1 Mile NNW 37 OKOG20000159342 1/2 - 1 Mile NNE 38 OKOG20000159339 1/2 - 1 Mile NW I40 OKOG20000156541 1/2 - 1 Mile NNW I39 OKOG20000156534 1/2 - 1 Mile NNW 41 OKOG20000159315 1/2 - 1 Mile NNW

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EDR Inc.EDR Inc. GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Map ID Direction Distance Elevation Database EDR ID Number

1 SW Click here for full text details OIL_GAS OKOG20000155940 0 - 1/8 Mile

2 NW Click here for full text details OIL_GAS OKOG20000156543 1/4 - 1/2 Mile

3 SE Click here for full text details OIL_GAS OKOG20000156546 1/2 - 1 Mile

4 West Click here for full text details OIL_GAS OKOG20000156531 1/2 - 1 Mile

5 South Click here for full text details OIL_GAS OKOG20000156547 1/2 - 1 Mile

6 WNW Click here for full text details OIL_GAS OKOG20000156530 1/2 - 1 Mile

A7 WNW Click here for full text details OIL_GAS OKOG20000156529 1/2 - 1 Mile

A8 WNW Click here for full text details OIL_GAS OKOG20000156324 1/2 - 1 Mile

A9 WNW Click here for full text details OIL_GAS OKOG20000156504 1/2 - 1 Mile

10 North Click here for full text details OIL_GAS OKOG20000161261 1/2 - 1 Mile

Page: 1

EDR Inc.EDR Inc. GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Map ID Direction Distance Elevation Database EDR ID Number

11 West Click here for full text details OIL_GAS OKOG20000156503 1/2 - 1 Mile

12 South Click here for full text details OIL_GAS OKOG20000156548 1/2 - 1 Mile

13 South Click here for full text details OIL_GAS OKOG20000159349 1/2 - 1 Mile

B14 WNW Click here for full text details OIL_GAS OKOG20000156505 1/2 - 1 Mile

B15 WNW Click here for full text details OIL_GAS OKOG20000156533 1/2 - 1 Mile

B16 WNW Click here for full text details OIL_GAS OKOG20000159338 1/2 - 1 Mile

17 WNW Click here for full text details OIL_GAS OKOG20000156532 1/2 - 1 Mile

C19 NE Click here for full text details OIL_GAS OKOG20000159343 1/2 - 1 Mile

C18 NE Click here for full text details OIL_GAS OKOG20000156545 1/2 - 1 Mile

D20 NW Click here for full text details OIL_GAS OKOG20000156506 1/2 - 1 Mile

Page: 2 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Map ID Direction Distance Elevation Database EDR ID Number

D21 NW Click here for full text details OIL_GAS OKOG20000156542 1/2 - 1 Mile

E22 West Click here for full text details OIL_GAS OKOG20000156501 1/2 - 1 Mile

E23 West Click here for full text details OIL_GAS OKOG20000161259 1/2 - 1 Mile

24 South Click here for full text details OIL_GAS OKOG20000159348 1/2 - 1 Mile

F26 NW Click here for full text details OIL_GAS OKOG20000161260 1/2 - 1 Mile

F25 NW Click here for full text details OIL_GAS OKOG20000156540 1/2 - 1 Mile

27 WNW Click here for full text details OIL_GAS OKOG20000156507 1/2 - 1 Mile

28 NNW Click here for full text details OIL_GAS OKOG20000156536 1/2 - 1 Mile

G30 SSE Click here for full text details OIL_GAS OKOG20000159346 1/2 - 1 Mile

G29 SSE Click here for full text details OIL_GAS OKOG20000159345 1/2 - 1 Mile

Page: 3 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Map ID Direction Distance Elevation Database EDR ID Number

D31 NW Click here for full text details OIL_GAS OKOG20000156537 1/2 - 1 Mile

32 SSE Click here for full text details OIL_GAS OKOG20000159347 1/2 - 1 Mile

33 NNW Click here for full text details OIL_GAS OKOG20000156539 1/2 - 1 Mile

H34 NW Click here for full text details OIL_GAS OKOG20000156535 1/2 - 1 Mile

H35 NW Click here for full text details OIL_GAS OKOG20000156538 1/2 - 1 Mile

36 NNW Click here for full text details OIL_GAS OKOG20000159340 1/2 - 1 Mile

37 NNE Click here for full text details OIL_GAS OKOG20000159342 1/2 - 1 Mile

38 NW Click here for full text details OIL_GAS OKOG20000159339 1/2 - 1 Mile

I40 NNW Click here for full text details OIL_GAS OKOG20000156541 1/2 - 1 Mile

I39 NNW Click here for full text details OIL_GAS OKOG20000156534 1/2 - 1 Mile

Page: 4 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS

Map ID Direction Distance Elevation Database EDR ID Number

41 NNW Click here for full text details OIL_GAS OKOG20000159315 1/2 - 1 Mile

A1 South Click here for full text details OK WELLS OK6000000149870 1/8 - 1/4 Mile Lower

A2 SSW Click here for full text details OK WELLS OK6000000135649 1/8 - 1/4 Mile Lower

B3 SW Click here for full text details OK WELLS OK6000000153541 1/8 - 1/4 Mile Lower

B4 SW Click here for full text details OK WELLS OK6000000149869 1/8 - 1/4 Mile Lower

5 ESE Click here for full text details OK WELLS OK6000000095984 1/2 - 1 Mile Higher

Page: 5 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS RADON

AREA RADON INFORMATION

State Database: OK Radon

Radon Test Results

Zipcode Num Tests # > 4 pCi/L Maximum Average ______

74647 3 0 1.7 1.3

Federal EPA Radon Zone for KAY County: 3 Note: Zone 1 indoor average level > 4 pCi/L. : Zone 2 indoor average level >= 2 pCi/L and <= 4 pCi/L. : Zone 3 indoor average level < 2 pCi/L.

Federal Area Radon Information for Zip Code: 74647 Number of sites tested: 2 Area Average Activity % <4 pCi/L % 4-20 pCi/L % >20 pCi/L

Living Area - 1st Floor 0.700 pCi/L 100% 0% 0% Living Area - 2nd Floor Not Reported Not Reported Not Reported Not Reported Basement Not Reported Not Reported Not Reported Not Reported

TC5555408.2s Page 6 PHYSICAL SETTING SOURCE RECORDS SEARCHED

TOPOGRAPHIC INFORMATION

USGS 7.5’ Digital Elevation Model (DEM) Source: United States Geologic Survey EDR acquired the USGS 7.5’ Digital Elevation Model in 2002 and updated it in 2006. The 7.5 minute DEM corresponds to the USGS 1:24,000- and 1:25,000-scale topographic quadrangle maps. The DEM provides elevation data with consistent elevation units and projection.

Source: U.S. Geological Survey

HYDROLOGIC INFORMATION

Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015

NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service.

HYDROGEOLOGIC INFORMATION

AQUIFLOW R Information System Source: EDR proprietary database of groundwater flow information EDR has developed the AQUIFLOW Information System (AIS) to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted to regulatory authorities at select sites and has extracted the date of the report, hydrogeologically determined groundwater flow direction and depth to water table information.

GEOLOGIC INFORMATION

Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - A digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994).

STATSGO: State Soil Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) The U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) leads the national Conservation Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps.

SSURGO: Soil Survey Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) Telephone: 800-672-5559 SSURGO is the most detailed level of mapping done by the Natural Resources Conservation Service, mapping scales generally range from 1:12,000 to 1:63,360. Field mapping methods using national standards are used to construct the soil maps in the Soil Survey Geographic (SSURGO) database. SSURGO digitizing duplicates the original soil survey maps. This level of mapping is designed for use by landowners, townships and county natural resource planning and management.

TC5555408.2s Page PSGR-1 EDR Inc.EDR Inc. PHYSICAL SETTING SOURCE RECORDS SEARCHED

LOCAL / REGIONAL WATER AGENCY RECORDS

FEDERAL WATER WELLS

PWS: Public Water Systems Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at least 25 people for at least 60 days annually. PWSs provide water from wells, rivers and other sources.

PWS ENF: Public Water Systems Violation and Enforcement Data Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System (SDWIS) after August 1995. Prior to August 1995, the data came from the Federal Reporting Data System (FRDS).

USGS Water Wells: USGS National Water Inventory System (NWIS) This database contains descriptive information on sites where the USGS collects or has collected data on surface water and/or groundwater. The groundwater data includes information on wells, springs, and other sources of groundwater.

STATE RECORDS

Reported Well Locations in Oklahoma Source: Oklahoma Water Resources Board Telephone: 405-530-8800

OTHER STATE DATABASE INFORMATION

Oil and Gas Well Listing Source: Oklahoma Corporation Commission Telephone: 405-521-3636 Oil and gas well locations in the state.

Oil and Gas Well Listing Source: Osage Nation Environmental and Natural Resources Telephone: 918-287-5333 Oil and gas well locations.

RADON

State Database: OK Radon Source: Department of Environmental Quality Telephone: 405-702-5100 Radon Information

Area Radon Information Source: USGS Telephone: 703-356-4020 The National Radon Database has been developed by the U.S. Environmental Protection Agency (USEPA) and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey. The study covers the years 1986 - 1992. Where necessary data has been supplemented by information collected at private sources such as universities and research institutions.

EPA Radon Zones Source: EPA Telephone: 703-356-4020 Sections 307 & 309 of IRAA directed EPA to list and identify areas of U.S. with the potential for elevated indoor radon levels.

TC5555408.2s Page PSGR-2 PHYSICAL SETTING SOURCE RECORDS SEARCHED

OTHER

Airport Landing Facilities: Private and public use landing facilities Source: Federal Aviation Administration, 800-457-6656

Epicenters: World earthquake epicenters, Richter 5 or greater Source: Department of Commerce, National Oceanic and Atmospheric Administration

Earthquake Fault Lines: The fault lines displayed on EDR’s Topographic map are digitized quaternary faultlines, prepared in 1975 by the United State Geological Survey STREET AND ADDRESS INFORMATION

© 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.

TC5555408.2s Page PSGR-3 ... . ~ P. m. w w u ...... - ...... n ... u o~ ...w , FORMATION 8EC080

OKLAH9-MA CORPORATION COMMISSION w M Give delailed description and thickness of all formations drilled thmugh, contents of sand . h ether dr y , OIL AND G AS CONSERVATION DEPARTMEN T i t waleq OJ or gas . _ WELL iLCOtD W Act a - . Fo ~mntio~ 7o y detl~ ~ Forw tl oe 7eD lefl o ~ O r COUNTY KaY. . ec. 23 .. rwer ...2.. ...~N.. . . ac,T._ 3E . .. oWdrCl lROgdT1 et a COMPANY OPEAATING Surface Soi l 7 73 r~ ..on~ R1c3R, Ok1a .City j OFFICE ADDRESS ."• ° . `- .....- .... ._.. ._ ...... T . ; m P & Red Bed 115 ' ruu+ NrJee Sherrill,A, ELLKO . 1 Lime, shells 115 125 DRILLING STARTED. Z I 3 1, W`S,1DR ILI.ING FINISHED $ I13 19 .51 Shal e 12 25 aB DATE OF FIRST PAODUCTI ON ... ._CO MPLE TED Lime 25 36( WELL IACATED SW it, N W wSE %16SO Nonh of South Shale 36 38 I Jn. and 2 9 p / O M . East of West Lin e o l Quarter Section Shale , Lime 38 56 '~ 7 tve b a 1 DERAICIC FLOOR 1O2 ;flO VN D 101 Shale,Sd,Lime 5 6 8 7 ~ V E1evaUOn (f4la se ... 1) Q Loc .ee . eu carrec o1 -a Ly ~ 01 2 Sand & Shal e 8 7 102 ~ ; CNAAACY EP OF WELL (Oil, 9ea as @7h ~1 y1i. w Lime & Shale 102 VJ (31 1. OR GAS SAND $.OP ZO N FS Lime,Shl,Sd 114 1I28 Nom e F rom Namis I From I To Sand, Shale 128 131,9 1 Lim e,Shl, Sd 139 Lime, Shale 160 175 Sd, Li me & Shl- 175 185 0~~~~~ q Record u. Any Sd, Lime, Shl e 175 185 no snoa Fommion From To S me of Shot Fo rm a4on From To a 185 195 T: - Shale & Sand Shle,Lime,Sd 19 5 2 0 2 Sand & Li me 217 5d, Lime, Shle 21 7 221 ~' - RECORD z - Lime & Sand 225 A0oun1 Se t Amount Pulled Packer Pecrora 0 - San d 22 5 230 WI. TAda . Mob F1 . n i i A i Size U Sand & Shale 230 235 Shal e 235 243 .-~: . Sha l e, Sand 243 254 z° - Shal e & Li me 254 254 Wer Record: Amou q R ' + ia p ~4 m Shal e 264 269 CEMENTI NG AN D MU DDI N G Lirae & Sd .SSO 269 270 Amvw t So i }s Che,ytCal y .Nd o f Mudding Results „oc j Am Shale & Lime 270 282 Gmed ~. M~e Gma nmp OO°I M e thod (Se 4 Note ) 5~ Ft In Lime 282 282 0-3 70 100 Hflwc o 1 Lime & Shale 282 287 Shale,Sd,Lm 2 87 292 N ote . What method wm used to pro tsa sands it ouyr string, were pullod7 CoreShley sand 292 295 O Limey Shal e 29 5 299 '--~[ NOTE Wen bottom hol e plug ~ used? If s o p ete t ind , de pt h set and r e ml h obtame d Sandy shale 30 3 USED .~; is Limey ShL e &Sh UJG J v Pi N~ p iwry TooL were used Ito. o I eat to Cab l e Mcio were us ed (m l ee l to y Lime 0 8 1 310 T . D . fsat. and 7ry~~__1 w i and Iro ^ ~e~t to rE - ttOtar y -'j'v' ° - tiiia well j a

Mr . Honard HoZan at al 71;I Cravens Building Oklahoma Cityp Okla .

Dear Sir :

4.'e have received well record for the Sherrill #1 in

Soc . 23 2$M 3E in answer to our request and find the location

does not c onfoim with the Notic e of Intention t o Drill filed

which ahorou3 this well to be located Wi S^7;; 3EA and this is a

c orreetion for first filing . Please verit~r the true lozat ion

for this well and p loaee Pile plugging record . We are encloc-

ing form for submitting to this department .

Yours trulg,

i Frank Sims F'S :H(3 Well Log Departm ent

Additional Information

Drinking Water Branch Violations

Return Links Water System No. : OK2003604 Federal Type : C Water System Name : NEWKIRK State Type : C Water System Detail Principal County KAY Primary Source GW Served : : Water Systems Status : A Activity Date : 02-02-1902

Water System **Please note: some of these violations may have been resolved and/or returned to Search compliance. Please click on the violation to view more information on its compliance status. County Map Group Violations Glossary Water Analyte System Violation Violation Analyte Group Water System Status Violation Name Group Facility No. Type Name Facility Name Code State Asgn ID MONITORING, 2016- DISTRIBUTION V 27 ROUTINE (DBP), DBP2 DBP STAGE 2 DS001 4602 SYSTEM MAJOR MONITORING, 2011- DISINFECTION DISTRIBUTION V 27 ROUTINE (DBP), DBP1 DS001 2053 BY-PROD SYSTEM MAJOR

Total Number of Records Fetched = 2 Individual Violations

Water System Violation Violation Analyte Analyte Facility Water System Status Violation Name No. Type Code Name State Facility Name Asgn ID MONITOR GWR 2018- DISTRIBUTION V 34 TRIGGERED/ADDITONAL, 3014 E. COLI DS001 94548 SYSTEM MAJOR MONITOR GWR 2018- DISTRIBUTION V 34 TRIGGERED/ADDITONAL, 3014 E. COLI DS001 94549 SYSTEM MINOR 2016- MONITORING, ROUTINE DISTRIBUTION V 27 0999 CHLORINE DS001 94544 (DBP), MAJOR SYSTEM 2016- MONITORING, ROUTINE DISTRIBUTION V 27 0999 CHLORINE DS001 94543 (DBP), MAJOR SYSTEM 2015- MONITORING, ROUTINE DISTRIBUTION V 27 0999 CHLORINE DS001 94542 (DBP), MAJOR SYSTEM 2015- COLIFORM V 22 MCL (TCR), MONTHLY 3100 null null 94539 (TCR) 2015- GWR EC+ SOURCE V GP 3014 E. COLI null null 94540 SAMPLE(S) 2012- COLIFORM V 22 MCL (TCR), MONTHLY 3100 null null 94533 (TCR) 2011- V 65 PUBLIC EDUCATION 5000 LEAD & null null 94531 (LCR) COPPER RULE 2011- LEAD ACTION LEVEL LEAD DISTRIBUTION V PB PB90 DS001 94530 EXCEEDANCE SUMMARY SYSTEM FAILURE SUBMIT 2010- DBP V 35 IDSE/SUBPT V PLAN 0600 null null 94538 STAGE 2 (DBPR2) 2010- DISTRIBUTION V 02 MCL, AVERAGE 2950 TTHM DS001 94527 SYSTEM MONITOR GWR 2010- V 34 TRIGGERED/ADDITONAL, 3014 E. COLI WL001 WELL 1 94537 MAJOR MONITOR GWR 2010- V 34 TRIGGERED/ADDITONAL, 3014 E. COLI WL003 WELL 3 94536 MAJOR MONITOR GWR 2010- V 34 TRIGGERED/ADDITONAL, 3014 E. COLI WL002 WELL 2 94535 MAJOR 2010- MONITORING (TCR), COLIFORM V 23 3100 null null 94525 ROUTINE MAJOR (TCR) 2010- MONITORING (TCR), COLIFORM V 23 3100 null null 94526 ROUTINE MAJOR (TCR) LEAD & 2010- FOLLOW-UP OR ROUTINE DISTRIBUTION V 52 5000 COPPER DS001 94521 TAP M/R (LCR) SYSTEM RULE 2010- MONITORING (TCR), COLIFORM V 23 3100 null null 94522 ROUTINE MAJOR (TCR) 2010- MONITORING (TCR), COLIFORM V 23 3100 null null 94524 ROUTINE MAJOR (TCR) 2010- MONITORING (TCR), COLIFORM V 23 3100 null null 94523 ROUTINE MAJOR (TCR) 2009- COLIFORM V 22 MCL (TCR), MONTHLY 3100 null null 94519 (TCR) 2008- DISTRIBUTION V 02 MCL, AVERAGE 2950 TTHM DS001 94516 SYSTEM 2008- DISTRIBUTION V 02 MCL, AVERAGE 2950 TTHM DS001 94514 SYSTEM 2008- DISTRIBUTION V 02 MCL, AVERAGE 2950 TTHM DS001 94513 SYSTEM 2007- DISTRIBUTION V 02 MCL, AVERAGE 2950 TTHM DS001 94512 SYSTEM 2007- DISTRIBUTION V 02 MCL, AVERAGE 2950 TTHM DS001 94511 SYSTEM 2007- DISTRIBUTION V 02 MCL, AVERAGE 2950 TTHM DS001 94510 SYSTEM 2007- DISTRIBUTION V 02 MCL, AVERAGE 2950 TTHM DS001 94507 SYSTEM 2006- DISTRIBUTION V 02 MCL, AVERAGE 2950 TTHM DS001 94406 SYSTEM 2005- MONITORING (TCR), COLIFORM V 23 3100 null null 93305 ROUTINE MAJOR (TCR) 2005- MONITORING (TCR), COLIFORM V 23 3100 null null 93205 ROUTINE MAJOR (TCR) 1997- MONITORING (TCR), COLIFORM V 23 3100 null null 10197 ROUTINE MAJOR (TCR) 1992- MONITORING (TCR), COLIFORM V 24 3100 null null 36892 ROUTINE MINOR (TCR) 1980- V 03 MONITORING, ROUTINE 3000 COLIFORM null null 92580 MAJOR (PRE-TCR) 1980- MONITORING, ROUTINE COLIFORM V 03 3000 null null 35480 MAJOR (PRE-TCR) MONITORING, ROUTINE COLIFORM 1990-190 V 03 3000 null null MINOR (PRE-TCR)

Total Number of Records Fetched = 37 W W Quali®cations Seth Adam Scherm

Experience Summary • Degreed Environmental Scientist with twelve years of experience in Phase I Environmental Site Assessments (ESAs), Phase II subsurface investigations, contaminated materials management programs, quarterly groundwater sampling events and reporting for Voluntary Cleanup Program (VCP) sites, saltwater spill delineations, baseline soil and groundwater investigations, and technical review of Environmental Checklists and Phase I ESAs on behalf of FDIC – Environmental. • Selected for ENERCON’s Project Manager training in 2014, completed said training, and currently operating as a Project Manager for several <$10,000 projects each year. • Environmental oversight for the City of Dallas – Love Field Modernization Program (LFMP). Performed soil screening/sampling near old excavated aviation fuel lines, as well as groundwater and stormwater sampling. Upon receipt of laboratory analytical results, soil characterization, profiling, and manifesting was conducted for onsite reuse and/or regulated off-site disposal. • Assisted with field activities for a Oklahoma Department of Transportation (ODOT) comprehensive subsurface investigation for the State Hwy 33 roadway expansion project in Guthrie, OK. Work consisted of logging of selected soil boring locations, field screening, and soil sample collection, as well as groundwater gauging and sampling from installed monitoring wells. Assisted in technical report preparation following field activities. • Performed reconnaissance on prospective oil and gas property purchases. Project involved identifying and denoting potential environmental concerns associated with the property, recording information to revise previous Spill Prevention, Control, and Countermeasure Plans (SPCC) or develop/implement new SPCCs, and generate summary reports. • Review of records and site inspections to identify recognized environmental conditions related to rental car facilities on airport property. Acted as owner’s environmental representative for inspection and reviewed Phase I ESAs prepared by rental car operator’s environmental contractors. Prepared summaries, recommendations, and act as owner's representative for corrective actions at said properties. Project is currently in rental car facility decommissioning phase in which ENERCON personnel are providing oversight and review of decommissioning documents.

Experience Description Mr. Seth Scherm is a Project Manager/Environmental Scientist at ENERCON’s office in Oklahoma City, OK. Currently an Environmental Specialist working in various capacities under several company contracts. Primary work involves baseline soil and groundwater sampling for oil and gas clients and generating technical reports based on sampling event findings. Secondary duties involves working within ENERCON’s Geosciences group on annual, semi- annual, and quarterly groundwater monitoring events and subsequent report generation. Tertiary work involves assisting within ENERCON’s Remediation group on former leaking underground storage tank (LUST) case facilities. ENERCON has installed advanced aquifer Mr. Seth A. Scherm Enercon Services, Inc. Page 2 of 2

flushing remediation systems including groundwater extraction wells, groundwater injection wells, air strippers, and pumps. Project work involves well gauging and reporting, and remediation system operations and maintenance activities. Quaternary work involves reviewing outside environmental contractors Phase I ESAs and Environmental Checklists on behalf of FDIC Environmental and generating memos summarizing these reports. Prior to joining ENERCON in 2010, Mr. Scherm has been employed at two environmental consulting firms (RFS Consulting in Tulsa, OK and Benchmark Environmental Consultants in Dallas, TX) and one government agency (Oklahoma Water Resources Board in Oklahoma City, OK). Previous project work includes annual air emissions inventories on behalf of oil and gas clients, a subsurface environmental assessment under the Louisiana Department of Environmental Quality (LDEQ) Louisiana Voluntary Remediation Program (LVRP), and Quarterly Groundwater Monitoring and reporting under the Texas Commission on Environmental Quality (TCEQ) Voluntary Cleanup Program (VCP).

Education Bachelor of Science in Environmental Science – Policy and Natural Resources. Oklahoma State University, Stillwater, OK Additional Training

- Hydrogen Sulfide (H2S) Safety Training - Department of Transportation (DOT) Hazardous Materials Shipping for Environmental Professionals

- 40-hour OSHA HAZWOPER and annual 8-hour refresher training - First aid and CPR training via the American Heart Association Technical/Computer Software Skills

- Microsoft Office Suite - ArcView G.I.S.

ENERCON SERVICES, INC.

Robert J. Davis, P.G.

Experience Summary

• Over sixteen years environmental and regulatory compliance experience

• Familiar with CAA, CWA, RCRA, EPCRA, SDWA, NEPA, and UST Regulations

• Experienced with CAA permitting and compliance, CWA permitting and compliance, and RCRA permitting and compliance

• Experienced with RCRA investigations as well as identification, handling, and disposal of hazardous waste

• Experienced with Site Characterizations and Remediation Plans regarding releases from Petroleum Underground Storage Tanks (USTs), and has supervised Removal and Closure of USTs

• Experienced with Site Characterization and Remediation of surface and subsurface hazardous material releases

• Possesses in-depth understanding of Oklahoma Corporation Commission and Oklahoma Department of Environmental Quality (ODEQ) guidelines, rules and regulations

• Experienced in environmental compliance programs, permitting, site characterization and site remediation, and safety and health

Experience Description

Mr. Davis is currently assigned to Enercon's Oklahoma City office as Manager of Environmental Services. He is responsible for overseeing all aspects of environmental programs, health and safety programs, and engineering activities conducted from the Oklahoma City office. Mr. Davis has performed and managed numerous site characterizations associated with surface and subsurface releases of hazardous substances, and has developed and implemented remediation plans to achieve site closure. He has prepared Title V Air Permit Applications for natural gas compressor stations, conducted Title V applicability determinations for numerous industrial facilities, and has prepared minor source permit applications for numerous facilities. Mr. Davis has developed Baseline and Multi-Sector Storm Water Pollution Prevention Plans for various facilities including metal recycling facilities, industrial facilities, utility power plants, and airports. He has completed RCRA Part A, Part B and State Recycling Permit Applications for hazardous waste facilities. Mr. Davis has developed technical specifications for identification and removal of hazardous waste from abandoned industrial and commercial facilities, and has directed remediation activities at several sites involving characterization and removal of hazardous and non-hazardous waste and materials. Mr. Davis has prepared and managed numerous Phase I Environmental Assessments for lenders, borrowers, and developers, and has prepared several NEPA Environmental Assessments for both State and Federal Agencies. Mr. Davis has prepared and managed Toxic Chemical Release Inventories, EPCRA Tier II Inventory Reports, and Air Emissions Inventory Reports. Mr. Davis has also prepared and managed numerous SPCC plans and has prepared Integrated Contingency Plans and Emergency Response Plans. Prior to joining Enercon, Mr. Davis served as an Environmental Engineer at Sequoyah Fuels Corporation in Gore, OK. Mr. Davis was responsible for assisting the Environmental Manager with facility compliance in accordance with the regulatory requirements of the USNRC source Material License No. Sub-1010, the Clean Air Act, the Clean Water Act, SARA Title III requirements (EPCRA), and the Safe Drinking Water Act. Routine compliance responsibilities included NPDES, Oklahoma Water Resources Board (OWRB) and Oklahoma Department of Environmental Quality (ODEQ) Air Quality Service Permit administration and reporting. Reporting responsibilities included assisting with the preparation and technical review of the Toxic Chemical Release Inventory Report (EPCRA section 313, Form R), and with EPCRA Section 312, Emergency and Hazardous Chemical Inventory (Tier II) reports. Additional regulatory responsibilities included development and review of facility operating procedures and guidelines to ensure environmental protection and regulatory compliance, advising management on issues involving regulatory compliance, and frequent interaction with federal, state, and local officials.

Mr. Davis was responsible for the routine review and technical analysis of environmental monitoring data and the implementation of assigned remedial actions. He assisted in a comprehensive, facility-wide environmental assessment involving surface water, ground water, soil, and stream sediment investigations. Environmental assessment responsibilities included the development and execution of assigned work plans, onsite coordination and supervision of contract personnel, data analysis, and recommendations for remedial actions. Mr. Davis also completed the design and installation of assigned engineering projects. These projects included systems for the automated pumping of surface impoundment underdrains, automated pumping of recovery wells, and automated sampling and flow measurement at permitted outfalls. Additional responsibilities included frequent interaction with facility process engineers and management personnel on issues involving pollution control of process operations.

Mr. Davis was also a Health Physics Technician at Sequoyah Fuels. His responsibilities included routine monitoring and control of uranium and hazardous chemical contamination. He reviewed hazardous work permits for proper safety measures and environmental controls. Mr. Davis was also responsible for the survey and approval for transfer of materials and equipment meeting release criteria to unrestricted areas of the facility and for offsite shipment.

Mr. Davis was a Chemical Operator from March 1987 to June 1988 for Sequoyah Fuels Corporation. He was responsible for field support operations associated with the production of UO2, UF4, UF6 and fluorine.

Education and Professional Recognition

B.S., Major in Geology, Minor in Computer Science, Stephen F. Austin State University Licensed Professional Geologist, TX #1164 OCC Licensed Remediation Consultant #173 40 Hour Hazardous Waste Operations Training First Responder Awareness and Hazardous Materials Specialist Training Appendix B Baseline Soil Investigation Lab Results

August 27, 2019

Mr. Lance Meek Senior Information and Education Specialist Oklahoma Department of Wildlife Conservation [email protected] 405-522-4572

Re: Baseline Soil Investigation Report (ODWC~00006) Oklahoma Department of Wildlife Conservation Proposed Kaw WMA Gun Range Kay County, Oklahoma

Dear Mr. Meek:

Enercon Services, Inc. (ENERCON) has completed a baseline soil investigation (BSI) for the Proposed Oklahoma Department of Wildlife Conservation (ODWC) Kaw Wildlife Management Area (WMA) Gun Range located in the SE/4, SE/4, Section 3, Township 28 North, Range 3 East of the Indian Meridian in Kay County, Oklahoma.

The purpose of the BSI was to document baseline levels of chemicals of concern in surficial soils typically associated with gun ranges. The chemicals of concern were arsenic, copper, lead, and antimony.

SAMPLING METHODOLOGY ENERCON mobilized to the site on August 1, 2019 to conduct the BSI sampling activities. Site conditions were clear and warm (approximately 90 degrees Fahrenheit) at the time of sampling.

ENERCON scientist, Mr. Jordan Mixon, collected two composite soil samples (Comp-001 and Comp-002) two duplicate composite soil samples (Duplicate 1 and Duplicate 2) using a stainless- steel hand auger. The soil samples were collected from 0 to 6 inches below grade surface. Comp- 001 and Duplicate 1 were collected from the Doughtery-Eufaula soil complex area. Comp-002 and Duplicate 2 were collected from the Minco silt loam soil complex area. The composite soil samples were composed of five randomly-selected shallow soil subsamples from within each composite sample area, which were combined (or composited) to form the laboratory samples. The hand auger was cleaned as needed between sample locations with an Alconox wash followed by a water rinse. An equipment blank (EQ Blank) was collected from the hand auger following the collection of Comp-001 and prior to the collection of Comp-002. A soil sample was not collected from the Pocasset fine sandy loam soil complex area as this area is not anticipated to be impacted by the proposed gun range.

Baseline Soil Investigation Report (ODWC~00006) August 27, 2019 Proposed Kaw WMA Gun Range Kay County, Oklahoma

Soil and the equipment blank samples were placed in laboratory-supplied containers with Teflon lids immediately following collection in the field. The sample containers were then labeled and packed in ice within an ice chest for delivery to the laboratory for analysis.

The soil samples were submitted on August 1, 2019 to Environmental Testing, Inc. (ETI) under standard chain-of-custody (COC) procedures for standard turn-around time analysis. ETI is a state-licensed laboratory located in Oklahoma City. All samples were analyzed for arsenic, copper, lead, and antimony.

LABORATORY ANALYTICAL RESULTS A summary table displaying the laboratory analytical results is provided in Attachment A and a copy of the laboratory analytical report and COC form is provided as Attachment B.

The laboratory analytical results are summarized as follows:

 Detected arsenic (As) concentrations ranged from 2.11 milligrams per kilogram (mg/kg) to 2.72 (mg/kg) and were greater than the United States Environmental Protection Agency (EPA) Regional Screening Level (RSL) for arsenic in Residential Soil (0.68 mg/kg). However, the detected concentrations of arsenic are within the EPA Naturally Occurring Inorganic Background Level (NOIBL) range for arsenic of 1.1 to 16.7 mg/kg. Detected arsenic concentrations were less than the EPA RSL for arsenic in Industrial Soil (3.0 mg/kg).

 Detected copper (Cu) concentrations ranged from 3.08 (mg/kg) to 4.68 (mg/kg). The detected concentrations of copper were less than the EPA RSLs for copper in Residential (310 mg/kg) and Industrial Soil (4,700 mg/kg) and the EPA NOIBL for copper (20 mg/kg).

 Detected lead (Pb) concentrations ranged from 6.41 (mg/kg) to 7.36 (mg/kg). The detected concentrations of lead were less than the EPA RSLs for lead in Residential (400 mg/kg) and Industrial Soil (800 mg/kg) and within the EPA NOIBL range for lead (10 to 18 mg/kg).

 Antimony (Sb) was not detected above the laboratory reported detection limit (RDL). The RDLs for antimony were less than EPA RSLs for antimony in Residential and Industrial Soil. There is no EPA NOIBL for antimony.

Based on the soil sample data collected, surficial soils in the area of concern do not appear to have been impacted by arsenic, copper, lead, or antimony. The detected concentrations of arsenic, copper, and lead in surficial soils are within background levels and antimony was less than laboratory RDLs.

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Baseline Soil Investigation Report (ODWC~00006) August 27, 2019 Proposed Kaw WMA Gun Range Kay County, Oklahoma

QUALITY ASSURANCE/QUALITY CONTROL For quality assurance/quality control (QA/QC) purposes field duplicates were collected for each sample and an equipment blank was collected. The equipment blank (EQ Blank) was collected from the hand auger following the collection of Comp-001 and prior to the collection of Comp- 002.

Field duplicate review criteria consisted of a Relative Percent Difference (RPD) of 50 percent for soil, assuming both values were greater than 5 times the RDL. If one or both values were less than 5 times the RDL, the review criteria was +/- 4 times the RDL for soil samples. If one value was non-detect, then the non-detect was considered equal to the RDL and compared accordingly.

RPD was calculated using the following equation:

|V1 – V2| x 100 = RPD (V1+V2) / 2

The RPD of the detected concentrations of arsenic (15 percent), copper (8 percent), and lead (1 percent) in Comp-001 and Duplicate 1 passed the soil RPD criteria of 50 percent.

The RPD of the detected concentrations of Arsenic (7 percent), Copper (4 percent) and Lead (3 percent) in Comp-002 and Duplicated 2 passed the soil RPD criteria of 50 percent.

Chemicals of concern in the EQ blank were below laboratory reporting limits indicating there was a low risk of cross-contamination during the sampling process.

CONCLUSION Based on the soil sample data collected, surficial soils in the area of concern do not appear to have been impacted by arsenic, copper, lead, or antimony. The detected concentrations of arsenic, copper, and lead in surficial soils are within background levels and antimony was less than laboratory RDLs.

The risk to human and/or environmental receptors from exposure to surface soils at the proposed gun range is considered negligible and not greater than the risk from exposure to naturally occurring levels of soil arsenic, copper, and lead.

GENERAL COMMENTS

The findings presented in this baseline soil investigation report are based upon the evaluation of soil samples collected on-site. Soil conditions can vary over very short distances. Therefore, the detailed nature and extent of variations across the site may not become evident except through further investigation. The conclusions developed for this report are generalizations based upon the information available.

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Baseline Soil Investigation Report (ODWC~00006) August 27, 2019 Proposed Kaw WMA Gun Range Kay County, Oklahoma

Chemical sample analyses have been performed for specific parameters during this investigation, as described in the text. This investigation was conducted for the purpose of evaluating environmental conditions of soil with respect to a variety of contaminants that could be present at the site.

This investigation makes no attempt to assess physical, chemical, or radiological parameters not analyzed by field test or laboratory methods. An attempt was made to collect data and information which is representative of surface conditions currently present. Analytical results are as representative as possible of conditions existing at the point and time of sample collection. All results and conclusions presented herein should be interpreted with care and refer only to the specific site at the time of investigation.

This baseline soil investigation has been conducted and prepared in accordance with generally accepted practices and procedures exercised by reputable professionals under similar circumstances. ENERCON makes no other warranties or guarantees, either expressed or implied, as to the findings, opinions, or recommendations contained in the report, or as to the existence or non-existence of recognized environmental concerns (RECs) at the subject property.

Thank you for the opportunity for ENERCON to provide environmental services on behalf of the Oklahoma Department of Wildlife Conservation. Should you have any questions, or require any additional information, please do not hesitate to contact us at (405) 722-7693.

Sincerely, ENERCON SERVICES, INC.

J. Phillip Kelley Project Manager

Attachments: A. Soil Analytical Results Summary Table B. Laboratory Analytical Report and Chain-of-Custody Form

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Baseline Soil Investigation Report (ODWC~00006) August 27, 2019 Proposed Kaw WMA Gun Range Kay County, Oklahoma

ATTACHMENT A

SOIL ANALYTICAL RESULTS SUMMARY TABLE

Table 1 - Soil Laboratory Analytical Results Summary Proposed Kaw WMA Gun Range Kay County, Oklahoma Baseline Soil Investigation Laboratory Method 6010C 6010C 6010C 6010C

Analyte Arsenic Copper Lead Antimony Project Sample ID Date Collected Result Q Result Q Result Q Result Q Comp 001 03/19/2019 2.35 3.35 6.50 <1.01 Comp 002 03/19/2019 2.11 4.68 7.36 <1.00 Duplicate 1 03/19/2019 2.72 3.08 6.41 <0.990 Duplicate 2 03/19/2019 2.27 4.50 7.12 <1.00 1 EPA RSL Industrial Soil 3.0 4,700 800 47 1 EPA RSL Residential Soil 0.68 310 400 3.1 2 EPA Inorganic Background 1.1 - 16.7 20 10 - 18 NC

Laboratory analytical results and regulatory limits are presented in milligrams per kilogram (mg/kg), Bolded laboratory results indicate the concentration detected greater than the Reported Detection Limit (RDL), Bolded and italicized laboratory results indicate the concentration is greater than an applicable regulatory level, EPA - United States Environmental Protection Agency NC - no concertation established Q - Qualifiers

1 - EPA Regional Screening Level (RSL) Summary Table (TR=1E-06, HQ=0.1) (April 2019) 2 - EPA Region 6 Human Health Medium-Specific Screening Levels, Naturally Occurring Inorganic Background Levels (December 2007), Baseline Soil Investigation Report (ODWC~00006) August 27, 2019 Proposed Kaw WMA Gun Range Kay County, Oklahoma

ATTACHMENT B

LABORATORY ANALYTICAL REPORT AND CHAIN-OF-CUSTODY FORM

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From: Erica McLamb To: West, Rylan - NRCS, Newkirk, OK Subject: Kaw Shooting Range Date: Friday, June 28, 2019 2:57:00 PM Attachments: Kaw WMA Gun Range.pdf AD1006.pdf Soils Map.pdf image001.jpg image002.jpg image003.jpg image004.jpg

Rylan,

I am preparing an EA for a proposed shooting range near Kaw Lake. Please find the attached USDA From AD-1006. If you have any questions or require further information, please let me know.

Thank You,

Erica McLamb Biologist/Project Manager 1601 NW Expressway, Suite 1000 Oklahoma City, OK 73118 (405) 722-7693 Office (405) 722-7694 Fax (405) 923-7353 Cell

From: West, Rylan - NRCS, Newkirk, OK To: Erica McLamb Cc: Leatherman, Jana - NRCS, Newkirk, OK Subject: FW: Kaw Shooting Range Date: Tuesday, July 09, 2019 3:25:27 PM Attachments: image001.jpg image003.jpg image002.jpg image004.jpg Kaw WMA Shooting Range.pdf

Erica,

See attached

Rylan West USDA/NRCS 580-722-3013 Fax 855-421-2590

From: Collier, Troy - NRCS, Woodward, OK Sent: Wednesday, July 3, 2019 8:56 AM To: West, Rylan - NRCS, Newkirk, OK Subject: RE: Kaw Shooting Range

Place copy in 310 folder and forward Troy

From: West, Rylan - NRCS, Newkirk, OK Sent: Wednesday, July 3, 2019 7:24 AM To: Collier, Troy - NRCS, Woodward, OK Subject: FW: Kaw Shooting Range

Rylan West USDA/NRCS 580-722-3013 Fax 855-421-2590

From: Erica McLamb Sent: Friday, June 28, 2019 2:58 PM To: West, Rylan - NRCS, Newkirk, OK Subject: Kaw Shooting Range

Rylan,

I am preparing an EA for a proposed shooting range near Kaw Lake. Please find the attached USDA From AD-1006. If you have any questions or require further information, please let me know.

Thank You,

Erica McLamb Biologist/Project Manager 1601 NW Expressway, Suite 1000 Oklahoma City, OK 73118 (405) 722-7693 Office (405) 722-7694 Fax (405) 923-7353 Cell

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request

Name of Project Federal Agency Involved

Proposed Land Use County and State

PART II (To be completed by NRCS) Date Request Received By Person Completing Form: NRCS Does the site contain Prime, Unique, Statewide or Local Important Farmland? YES NO Acres Irrigated Average Farm Size

(If no, the FPPA does not apply - do not complete additional parts of this form) Major Crop(s) Farmable Land In Govt. Jurisdiction Amount of Farmland As Defined in FPPA Acres: % Acres: % Name of Land Evaluation System Used Name of State or Local Site Assessment System Date Land Evaluation Returned by NRCS

PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C Site D A. Total Acres To Be Converted Directly B. Total Acres To Be Converted Indirectly C. Total Acres In Site PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland B. Total Acres Statewide Important or Local Important Farmland C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted (Scale of 0 to 100 Points) PART VI (To be completed by Federal Agency) Site Assessment Criteria Maximum Site A Site B Site C Site D (Criteria are explained in 7 CFR 658.5 b. For Corridor project use form NRCS-CPA-106) Points 1. Area In Non-urban Use (15) 2. Perimeter In Non-urban Use (10) 3. Percent Of Site Being Farmed (20) 4. Protection Provided By State and Local Government (20) 5. Distance From Urban Built-up Area (15) 6. Distance To Urban Support Services (15) 7. Size Of Present Farm Unit Compared To Average (10) 8. Creation Of Non-farmable Farmland (10) 9. Availability Of Farm Support Services (5) 10. On-Farm Investments (20) 11. Effects Of Conversion On Farm Support Services (10) 12. Compatibility With Existing Agricultural Use (10) TOTAL SITE ASSESSMENT POINTS 160 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 Total Site Assessment (From Part VI above or local site assessment) 160 TOTAL POINTS (Total of above 2 lines) 260 Was A Local Site Assessment Used? Site Selected: Date Of Selection YES NO Reason For Selection:

Name of Federal agency representative completing this form: Date: (See Instructions on reverse side) Form AD-1006 (03-02) OBS Ref. 2019-005-BUS-ENE

Dear Ms. McLamb, Jan. 4, 2019

We have reviewed occurrence information on federal and state threatened, endangered or candidate species, as well as non-regulatory rare species and ecological systems of importance currently in the Oklahoma Natural Heritage Inventory database for the following location you provided:

Sec. 23-T28N-R3E (-96.942258, 36.884825), Kay County

We found 2 occurrence(s) of relevant species within the vicinity of the project location as described.

Species Name Common Name Federal Status Haliaeetus leucocephalus Bald Eagle Protected County TRS Count Kay Sec. 22-T28N-R3E 1 Kay Sec. 23-T28N-R3E 1

Additionally, absence from our database does not preclude such species from occurring in the area.

If you have any questions about this response, please send me an email, or call us at the number given below.

Although not specific to your project, you may find the following links helpful.

ONHI, guide to ranking codes for endangered and threatened species: http://vmpincel.ou.edu/heritage/ranking_guide.html

Information regarding the Oklahoma Natural Areas Registry: http://www.oknaturalheritage.ou.edu/registry_faq.htm

Todd Fagin Oklahoma Natural Heritage Inventory (405) 325-4700 [email protected]

1 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, TULSA DISTRICT 2488 EAST 81ST STREET TULSA, OKLAHOMA 74137-4290

7 AUG 2019

Operations Division Natural Resources and Recreation Branch

SUBJECT: ODWC Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, OK

Dr. Andrea Hunter, THPO The Osage Nation 627 Grandview Avenue Pawhuska, OK 7 4056

Dear Dr. Hunter:

In accordance with Section 106 of the National Historic Preservation Act, as amended (NHPA, 54 U.S.C. § 300101 et seq), the Tulsa District U.S. Army Corps of Engineers (USACE) requests consultation on the proposed Oklahoma Department of Wildlife Conservation (ODWC) Kaw Wildlife Management Area Gun Range project (Project). The Project is located on 13.78 acres (5.58 hectares) of USACE land at Kaw Lake in Kay County, OK and can be found in Section 23, T28N-R3E; I.M. on the USGS Kaw City NW, Okla.-Kans. (1963) 7.5-Minute Quadrangle map.

Enercon Services, Inc. (ENERCON) conducted a cultural resources survey of the proposed area of potential effect (APE) in May 2019 and reported results June 25, 2019 in: Cultural Survey Report for the Oklahoma Department of Wildlife Conservation Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, Oklahoma (attached). One previously recorded precontact site (34KA56) was mapped within the APE but no cultural material or features associated with this site were identified during the intensive survey. The site was recommended as not eligible for the National Register of Historic Places (NRHP). One isolated find (IF) consisting of a non-diagnostic concrete slab was also recorded, but the IF lacks integrity and significant information potential and is not eligible for listing to the NRHP.

The Tulsa District concurs with the recommendations in the report and based on the current information, we have determined that 34KA56 is not eligible for the NRHP and find that there will be no effect to historic properties from this undertaking. Please let us know if there are any properties that have religious and cultural significance to your Tribe that you know of within the APE, and any impacts you think the undertaking may have on such properties so that we may work with you to avoid or address those impacts. The USACE is willing to address concerns about confidentiality and will work with you to ensure the ~2~

information you provide is appropriately protected. Thank you for any comments you are able to provide. If you have any questions, please contact Ms. Michelle Horn at 918-669- 7642 or [email protected].

Sincerely,

Jeff Knack Chief, Natural Resources and Recreation Branch

Enclosure

DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, TULSA DISTRICT 2488 EAST 81ST STREET TULSA, OKLAHOMA 74137-4290

07 AUG 2019

Operations Division Natural Resources and Recreation Branch

SUBJECT: ODWC Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, OK

Dr. Bob Blackburn State Historic Preservation Officer Oklahoma Historical Society Oklahoma History Center 800 Nazih Zuhdi Drive Oklahoma City, OK 73105

Dear Dr. Blackburn:

In accordance with Section 106 of the National Historic Preservation Act, as amended (NHPA, 54 U.S.C. § 300101 et seq), the Tulsa District U.S. Army Corps of Engineers (USACE) requests consultation on the proposed Oklahoma Department of Wildlife Conservation (ODWC) Kaw Wildlife Management Area Gun Range project (Project). The Project is located on 13.78 acres (5.58 hectares) of USACE land at Kaw Lake in Kay County, OK and can be found in Section 23, T28N-R3E; I.M. on the USGS Kaw City NW, Okla.-Kans. (1963) 7.5-Minute Quadrangle map.

Enercon Services, Inc. (ENERCON) conducted a cultural resources survey of the proposed area of potential effect (APE) in May 2019 and reported results June 25, 2019 in: Cultural Survey Report for the Oklahoma Department of Wildlife Conservation Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, Oklahoma (attached). One previously recorded precontact site (34KA56) was mapped within the APE but no cultural material or features associated with this site were identified during the intensive survey. The site was recommended as not eligible for the National Register of Historic Places (NRHP). One isolated find (IF) consisting of a non-diagnostic concrete slab was also recorded, but the IF lacks integrity and significant information potential and is not eligible for listing to the NRHP.

The Tulsa District concurs with the recommendations in the report and based on the current information, we have determined that 34KA56 is not eligible for the NRHP and find that there will be no effect to historic properties from this undertaking. USACE is seeking your concurrence on our finding and determination within 30 calendar days of receipt of this letter. We respectfully request for responses to be sent to Ms. Michelle Horn by mail to the ~2~

address listed in the above letterhead, or electronically to [email protected]. If you have any questions, please contact Ms. Michelle Horn at 918-669-7642 or via email.

Sincerely,

Jeff Knack Chief, Natural Resources and Recreation Branch

Enclosure

Cc: Dr. Kary Stackelbeck, State Archaeologist, Oklahoma Archaeological Survey

DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, TULSA DISTRICT 2488 EAST 81ST STREET TULSA, OKLAHOMA 74137-4290

07 AUG 2019

Operations Division Natural Resources and Recreation Branch

SUBJECT: ODWC Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, OK

Chairman Tamara Francis Caddo Nation of Oklahoma P.O. Box 487 Binger, OK 73009

Dear Chairman Francis:

In accordance with Section 106 of the National Historic Preservation Act, as amended (NHPA, 54 U.S.C. § 300101 et seq), the Tulsa District U.S. Army Corps of Engineers (USACE) requests consultation on the proposed Oklahoma Department of Wildlife Conservation (ODWC) Kaw Wildlife Management Area Gun Range project (Project). The Project is located on 13.78 acres (5.58 hectares) of USACE land at Kaw Lake in Kay County, OK and can be found in Section 23, T28N-R3E; I.M. on the USGS Kaw City NW, Okla.-Kans. (1963) 7.5-Minute Quadrangle map.

Enercon Services, Inc. (ENERCON) conducted a cultural resources survey of the proposed area of potential effect (APE) in May 2019 and reported results June 25, 2019 in: Cultural Survey Report for the Oklahoma Department of Wildlife Conservation Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, Oklahoma (attached). One previously recorded precontact site (34KA56) was mapped within the APE but no cultural material or features associated with this site were identified during the intensive survey. The site was recommended as not eligible for the National Register of Historic Places (NRHP). One isolated find (IF) consisting of a non-diagnostic concrete slab was also recorded, but the IF lacks integrity and significant information potential and is not eligible for listing to the NRHP.

The Tulsa District concurs with the recommendations in the report and based on the current information, we have determined that 34KA56 is not eligible for the NRHP and find that there will be no effect to historic properties from this undertaking. Please let us know if there are any properties that have religious and cultural significance to your Tribe that you know of within the APE, and any impacts you think the undertaking may have on such properties so that we may work with you to avoid or address those impacts. The USACE is willing to address concerns about confidentiality and will work with you to ensure the ~2~

information you provide is appropriately protected. Thank you for any comments you are able to provide. If you have any questions, please contact Ms. Michelle Horn at 918-669- 7642 or [email protected].

Sincerely,

Jeff Knack Chief, Natural Resources and Recreation Branch

Enclosure

DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, TULSA DISTRICT 2488 EAST 81ST STREET TULSA, OKLAHOMA 74137-4290

07 AUG 2019

Operations Division Natural Resources and Recreation Branch

SUBJECT: ODWC Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, OK

Ms. Elizabeth Toombs, THPO Cherokee Nation P.O. Box 948 Tahlequah, OK 74465

Dear Ms. Toombs:

In accordance with Section 106 of the National Historic Preservation Act, as amended (NHPA, 54 U.S.C. § 300101 et seq), the Tulsa District U.S. Army Corps of Engineers (USACE) requests consultation on the proposed Oklahoma Department of Wildlife Conservation (ODWC) Kaw Wildlife Management Area Gun Range project (Project). The Project is located on 13.78 acres (5.58 hectares) of USACE land at Kaw Lake in Kay County, OK and can be found in Section 23, T28N-R3E; I.M. on the USGS Kaw City NW, Okla.-Kans. (1963) 7.5-Minute Quadrangle map.

Enercon Services, Inc. (ENERCON) conducted a cultural resources survey of the proposed area of potential effect (APE) in May 2019 and reported results June 25, 2019 in: Cultural Survey Report for the Oklahoma Department of Wildlife Conservation Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, Oklahoma (attached). One previously recorded precontact site (34KA56) was mapped within the APE but no cultural material or features associated with this site were identified during the intensive survey. The site was recommended as not eligible for the National Register of Historic Places (NRHP). One isolated find (IF) consisting of a non-diagnostic concrete slab was also recorded, but the IF lacks integrity and significant information potential and is not eligible for listing to the NRHP.

The Tulsa District concurs with the recommendations in the report and based on the current information, we have determined that 34KA56 is not eligible for the NRHP and find that there will be no effect to historic properties from this undertaking. Please let us know if there are any properties that have religious and cultural significance to your Tribe that you know of within the APE, and any impacts you think the undertaking may have on such properties so that we may work with you to avoid or address those impacts. The USACE is willing to address concerns about confidentiality and will work with you to ensure the ~2~

information you provide is appropriately protected. Thank you for any comments you are able to provide. If you have any questions, please contact Ms. Michelle Horn at 918-669- 7642 or [email protected].

Sincerely,

Jeff Knack Chief, Natural Resources and Recreation Branch

Enclosure

DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, TULSA DISTRICT 2488 EAST 81ST STREET TULSA, OKLAHOMA 74137-4290

07 AUG 2019

Operations Division Natural Resources and Recreation Branch

SUBJECT: ODWC Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, OK

Ms. Crystal Douglas Kaw Nation Drawer 50 Kaw City, Oklahoma 74641

Dear Ms. Douglas:

In accordance with Section 106 of the National Historic Preservation Act, as amended (NHPA, 54 U.S.C. § 300101 et seq), the Tulsa District U.S. Army Corps of Engineers (USACE) requests consultation on the proposed Oklahoma Department of Wildlife Conservation (ODWC) Kaw Wildlife Management Area Gun Range project (Project). The Project is located on 13.78 acres (5.58 hectares) of USACE land at Kaw Lake in Kay County, OK and can be found in Section 23, T28N-R3E; I.M. on the USGS Kaw City NW, Okla.-Kans. (1963) 7.5-Minute Quadrangle map.

Enercon Services, Inc. (ENERCON) conducted a cultural resources survey of the proposed area of potential effect (APE) in May 2019 and reported results June 25, 2019 in: Cultural Survey Report for the Oklahoma Department of Wildlife Conservation Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, Oklahoma (attached). One previously recorded precontact site (34KA56) was mapped within the APE but no cultural material or features associated with this site were identified during the intensive survey. The site was recommended as not eligible for the National Register of Historic Places (NRHP). One isolated find (IF) consisting of a non-diagnostic concrete slab was also recorded, but the IF lacks integrity and significant information potential and is not eligible for listing to the NRHP.

The Tulsa District concurs with the recommendations in the report and based on the current information, we have determined that 34KA56 is not eligible for the NRHP and find that there will be no effect to historic properties from this undertaking. Please let us know if there are any properties that have religious and cultural significance to your Tribe that you know of within the APE, and any impacts you think the undertaking may have on such properties so that we may work with you to avoid or address those impacts. The USACE is willing to address concerns about confidentiality and will work with you to ensure the ~2~

information you provide is appropriately protected. Thank you for any comments you are able to provide. If you have any questions, please contact Ms. Michelle Horn at 918-669- 7642 or [email protected].

Sincerely,

Jeff Knack Chief, Natural Resources and Recreation Branch

Enclosure

DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, TULSA DISTRICT 2488 EAST 81ST STREET TULSA, OKLAHOMA 74137-4290

07 AUG 2019

Operations Division Natural Resources and Recreation Branch

SUBJECT: ODWC Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, OK

Mr. Matt Reed Historic Preservation Officer Pawnee Nation of Oklahoma Post Office Box 470 Pawnee, Oklahoma 74058

Dear Mr. Reed:

In accordance with Section 106 of the National Historic Preservation Act, as amended (NHPA, 54 U.S.C. § 300101 et seq), the Tulsa District U.S. Army Corps of Engineers (USACE) requests consultation on the proposed Oklahoma Department of Wildlife Conservation (ODWC) Kaw Wildlife Management Area Gun Range project (Project). The Project is located on 13.78 acres (5.58 hectares) of USACE land at Kaw Lake in Kay County, OK and can be found in Section 23, T28N-R3E; I.M. on the USGS Kaw City NW, Okla.-Kans. (1963) 7.5-Minute Quadrangle map.

Enercon Services, Inc. (ENERCON) conducted a cultural resources survey of the proposed area of potential effect (APE) in May 2019 and reported results June 25, 2019 in: Cultural Survey Report for the Oklahoma Department of Wildlife Conservation Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, Oklahoma (attached). One previously recorded precontact site (34KA56) was mapped within the APE but no cultural material or features associated with this site were identified during the intensive survey. The site was recommended as not eligible for the National Register of Historic Places (NRHP). One isolated find (IF) consisting of a non-diagnostic concrete slab was also recorded, but the IF lacks integrity and significant information potential and is not eligible for listing to the NRHP.

The Tulsa District concurs with the recommendations in the report and based on the current information, we have determined that 34KA56 is not eligible for the NRHP and find that there will be no effect to historic properties from this undertaking. Please let us know if there are any properties that have religious and cultural significance to your Tribe that you know of within the APE, and any impacts you think the undertaking may have on such properties so that we may work with you to avoid or address those impacts. The USACE is willing to address concerns about confidentiality and will work with you to ensure the ~2~

information you provide is appropriately protected. Thank you for any comments you are able to provide. If you have any questions, please contact Ms. Michelle Horn at 918-669- 7642 or [email protected].

Sincerely,

Jeff Knack Chief, Natural Resources and Recreation Branch

Enclosure

DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, TULSA DISTRICT 2488 EAST 81ST STREET TULSA, OKLAHOMA 74137-4290

07 AUG 2019

Operations Division Natural Resources and Recreation Branch

SUBJECT: ODWC Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, OK

Ms. Eldine Stevens, THPO United Keetoowah Band of Cherokee Indians Post Office Box 746 Tahlequah, OK 74465

Dear Ms. Stevens:

In accordance with Section 106 of the National Historic Preservation Act, as amended (NHPA, 54 U.S.C. § 300101 et seq), the Tulsa District U.S. Army Corps of Engineers (USACE) requests consultation on the proposed Oklahoma Department of Wildlife Conservation (ODWC) Kaw Wildlife Management Area Gun Range project (Project). The Project is located on 13.78 acres (5.58 hectares) of USACE land at Kaw Lake in Kay County, OK and can be found in Section 23, T28N-R3E; I.M. on the USGS Kaw City NW, Okla.-Kans. (1963) 7.5-Minute Quadrangle map.

Enercon Services, Inc. (ENERCON) conducted a cultural resources survey of the proposed area of potential effect (APE) in May 2019 and reported results June 25, 2019 in: Cultural Survey Report for the Oklahoma Department of Wildlife Conservation Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, Oklahoma (attached). One previously recorded precontact site (34KA56) was mapped within the APE but no cultural material or features associated with this site were identified during the intensive survey. The site was recommended as not eligible for the National Register of Historic Places (NRHP). One isolated find (IF) consisting of a non-diagnostic concrete slab was also recorded, but the IF lacks integrity and significant information potential and is not eligible for listing to the NRHP.

The Tulsa District concurs with the recommendations in the report and based on the current information, we have determined that 34KA56 is not eligible for the NRHP and find that there will be no effect to historic properties from this undertaking. Please let us know if there are any properties that have religious and cultural significance to your Tribe that you know of within the APE, and any impacts you think the undertaking may have on such properties so that we may work with you to avoid or address those impacts. The USACE is willing to address concerns about confidentiality and will work with you to ensure the

~2~

information you provide is appropriately protected. Thank you for any comments you are able to provide. If you have any questions, please contact Ms. Michelle Horn at 918-669- 7642 or [email protected].

Sincerely,

Jeff Knack Chief, Natural Resources and Recreation Branch

Enclosure

DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, TULSA DISTRICT 2488 EAST 81ST STREET TULSA, OKLAHOMA 74137-4290

07 AUG 2019

Operations Division Natural Resources and Recreation Branch

SUBJECT: ODWC Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, OK

Mr. Gary McAdams Wichita and Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma PO Box 729 Anadarko OK 73005

Dear Mr. McAdams:

In accordance with Section 106 of the National Historic Preservation Act, as amended (NHPA, 54 U.S.C. § 300101 et seq), the Tulsa District U.S. Army Corps of Engineers (USACE) requests consultation on the proposed Oklahoma Department of Wildlife Conservation (ODWC) Kaw Wildlife Management Area Gun Range project (Project). The Project is located on 13.78 acres (5.58 hectares) of USACE land at Kaw Lake in Kay County, OK and can be found in Section 23, T28N-R3E; I.M. on the USGS Kaw City NW, Okla.-Kans. (1963) 7.5-Minute Quadrangle map.

Enercon Services, Inc. (ENERCON) conducted a cultural resources survey of the proposed area of potential effect (APE) in May 2019 and reported results June 25, 2019 in: Cultural Survey Report for the Oklahoma Department of Wildlife Conservation Proposed Kaw Wildlife Management Area Gun Range, Kaw Lake, Kay County, Oklahoma (attached). One previously recorded precontact site (34KA56) was mapped within the APE but no cultural material or features associated with this site were identified during the intensive survey. The site was recommended as not eligible for the National Register of Historic Places (NRHP). One isolated find (IF) consisting of a non-diagnostic concrete slab was also recorded, but the IF lacks integrity and significant information potential and is not eligible for listing to the NRHP.

The Tulsa District concurs with the recommendations in the report and based on the current information, we have determined that 34KA56 is not eligible for the NRHP and find that there will be no effect to historic properties from this undertaking. Please let us know if there are any properties that have religious and cultural significance to your Tribe that you know of within the APE, and any impacts you think the undertaking may have on such properties so that we may work with you to avoid or address those impacts. The USACE is willing to address concerns about confidentiality and will work with you to ensure the ~2~

information you provide is appropriately protected. Thank you for any comments you are able to provide. If you have any questions, please contact Ms. Michelle Horn at 918-669- 7642 or [email protected].

Sincerely,

Jeff Knack Chief, Natural Resources and Recreation Branch

Enclosure

Appendix D USFWS IPaC Report

United States Department of the Interior FISH AND WILDLIFE SERVICE Oklahoma Ecological Services Field Office 9014 East 21st Street Tulsa, OK 74129-1428 Phone: (918) 581-7458 Fax: (918) 581-7467 http://www.fws.gov/southwest/es/Oklahoma/

In Reply Refer To: September 06, 2019 Consultation Code: 02EKOK00-2019-SLI-2326 Event Code: 02EKOK00-2019-E-07992 Project Name: Kaw Lake Shooting Range

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(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

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 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. 09/06/2019 Event Code: 02EKOK00-2019-E-07992 2

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) (c)). 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

Non-federal entities conducting activities that may result in take of listed species should consider seeking coverage under section 10 of the ESA, either through development of a Habitat Conservation Plan (HCP) or, by becoming a signatory to the General Conservation Plan (GCP) currently under development for the American burying beetle. Each of these mechanisms provides the means for obtaining a permit and coverage for incidental take of listed species during otherwise lawful activities.

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 through our Project Review step-wise process http://www.fws.gov/southwest/es/ oklahoma/OKESFO%20Permit%20Home.htm.

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Attachment(s):

▪ Official Species List ▪ USFWS National Wildlife Refuges and Fish Hatcheries ▪ Migratory Birds ▪ Wetlands

09/06/2019 Event Code: 02EKOK00-2019-E-07992 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:

Oklahoma Ecological Services Field Office 9014 East 21st Street Tulsa, OK 74129-1428 (918) 581-7458

09/06/2019 Event Code: 02EKOK00-2019-E-07992 2

Project Summary Consultation Code: 02EKOK00-2019-SLI-2326

Event Code: 02EKOK00-2019-E-07992

Project Name: Kaw Lake Shooting Range

Project Type: RECREATION CONSTRUCTION / MAINTENANCE

Project Description: Thirteen shooting stations with six oriented in front of the 100 yard range centered with 12’ spacing; four oriented in front of 50 yard range centered with 12’ spacing; and 3 oriented in front of the 25 yard range centered with 12’ spacing. Slab dimensions will be 12’x72’ centered in 100 yard range; 12’x48’ centered in the 50 yard range; 12’x36’ centered in the 25 yard range. Each slab is to be connected with an ADA compliant walkway made from concrete. One archery platform will be constructed using steel materials with opaque walls on sides facing rifle range extending from the floor of the platform to 8’ in height above the platform floor. The range’s 100 yard, 50 yard, and 25 yard will include earthen backstops. The backstops will be constructed out of both on-site and off- site earthen material, with the outer 24” of backstop face to be rock-free up to a height of twenty (20) feet above base of shooting stations with face at a 1:1 slope (not less than a 2:1 slope) no required slope for rear of backstop, with a 4 foot-wide flat top. All backstops will be compacted. Proposed ranges are located outside the FEMA 100-year floodplain. However, the western berm protecting the lake is at the edge of the floodplain. Toe of the berm facing the lake will be protected with rip-rap to prevent erosion. Additionally, berms, rear and side face of backstops, and any disturbed areas will be seeded with native vegetation to minimize lead migration and erosion during heavy rainfall. The ground between the shooting platforms and backstop will be smooth, firm, and graded so stormwater drainage will be directed away from the benches and targets and follows the general existing drainage pattern to the south-southwest. With the exception of the archery platform, the proposed project will comply with the ADA guidelines and will include a gravel parking lot with one ADA compliant van accessible parking spot. ADA compliant walkways will connect the parking lot to the shooting platforms including ADA walkways between range slabs. ADA compliant concrete sidewalks are proposed for each range (100-yard, 50-yard, and 25-yard) for setting up targets. Archery range is not ADA compliant and will not include ADA accessible parking and sidewalks. Fence shall be steel pipe rail fence constructed of 4-inch schedule 40 steel pipe posts set in concrete at least 3 feet in ground. Maximum spacing

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between fence posts shall not exceed 20 feet. Pipe rail will be welded from post to post and constructed from 2 7/- inch schedule 40 steel pipe at a height of 36 inches above the ground. Approximately 530 feet of pipe rail fence is to be constructed around the perimeter of the parking lot with two 16 feet pipe gates. One entrance gate and one range access gate to allow vehicle access for range maintenance.

Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/36.88464945853223N96.94305518181068W

Counties: Kay, OK

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Endangered Species Act Species There is a total of 4 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 Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Birds

NAME STATUS Least Tern Sterna antillarum Endangered Population: interior pop. No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8505

Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039

Red Knot Calidris canutus rufa Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1864

Whooping Crane Grus americana Endangered 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/758

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Critical habitats

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

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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.

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Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2.

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME BREEDING SEASON Bobolink Dolichonyx oryzivorus Breeds May 20 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the 31 continental USA and Alaska.

Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug This is a Bird of Conservation Concern (BCC) throughout its range in the 20 continental USA and Alaska.

Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

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NAME BREEDING SEASON Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep This is a Bird of Conservation Concern (BCC) throughout its range in the 10 continental USA and Alaska.

Wood Thrush Hylocichla mustelina Breeds May 10 to Aug This is a Bird of Conservation Concern (BCC) throughout its range in the 31 continental USA and Alaska.

Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to interpret this report.

Probability of Presence ( )

Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high.

How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( )

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Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Effort ( ) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

probability of presence breeding season survey effort no data

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bobolink BCC Rangewide (CON)

Kentucky Warbler BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON)

Additional information can be found using the following links:

▪ Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php ▪ Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php ▪ Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf

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Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of

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interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC

09/06/2019 Event Code: 02EKOK00-2019-E-07992 6 use to generate the migratory birds potentially occurring in my specified location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page.

09/06/2019 Event Code: 02EKOK00-2019-E-07992 1

Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

FRESHWATER EMERGENT WETLAND ▪ PEM1Ah

Appendix E Representative Site Photographs

Photograph 1: Typical view of maintained ROW habitat, from south.

Photograph 2: Typical view of upland forest habitat, facing south.

Photograph 3: Typical view of floodplain forest habitat, facing west.

Photograph 4: View of two track road observed within the project study area, facing southeast. Appendix F USFWS Nationwide Standard Conservation Measures

NATIONWIDE STANDARD CONSERVATION MEASURES

Listed below are effective measures that should be employed at all project development sites nationwide with the goal of reducing impacts to birds and their habitats. These measures are grouped into three categories: General, Habitat Protection, and Stressor Management. These measures may be updated through time. We recommend checking the Conservation Measures website regularly for the most up-to-date list.

1. General Measures a. Educate all employees, contractors, and/or site visitors of relevant rules and regulations that protect wildlife. See the Service webpage on Regulations and Policies for more information on regulations that protect migratory birds. b. Prior to removal of an inactive nest, ensure that the nest is not protected under the Endangered Species Act (ESA) or the Bald and Golden Eagle Protection Act (BGEPA). Nests protected under ESA or BGEPA cannot be removed without a valid permit. i. See the Service Nest Destruction Policy c. Do not collect birds (live or dead) or their parts (e.g., feathers) or nests without a valid permit. Please visit the Service permits page for more information on permits and permit applications. d. Provide enclosed solid waste receptacles at all project areas. Non-hazardous solid waste (trash) would be collected and deposited in the on-site receptacles. Solid waste would be collected and disposed of by a local waste disposal contractor. For more information about solid waste and how to properly dispose of it, see the EPA Non-Hazardous Waste website. e. Report any incidental take of a migratory bird, to the local Service Office of Law Enforcement. f. Consult and follow applicable Service industry guidance.

2. Habitat Protection a. Minimize project creep by clearly delineating and maintaining project boundaries (including staging areas). b. Consult all local, State, and Federal regulations for the development of an appropriate buffer distance between development site and any wetland or waterway. For more information on wetland protection regulations see the Clean Water Act sections 401 and 404. c. Maximize use of disturbed land for all project activities (i.e., siting, lay-down areas, and construction). d. Implement standard soil erosion and dust control measures. For example: i. Establish vegetation cover to stabilize soil ii. Use erosion blankets to prevent soil loss iii. Water bare soil to prevent wind erosion and dust issues

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3. Stressor Management

Stressor: Vegetation Removal Conservation Goal: Avoid direct take of adults, chicks, or eggs.

Conservation Measure 1: Schedule all vegetation removal, trimming, and grading of vegetated areas outside of the peak bird breeding season to the maximum extent practicable. Use available resources, such as internet-based tools (e.g., the FWS’s Information, Planning and Conservation system and Avian Knowledge Network) to identify peak breeding months for local bird species; or, contact local Service Migratory Bird Program Office for breeding bird information.

Conservation Measure 2: When project activities cannot occur outside the bird nesting season, conduct surveys prior to scheduled activity to determine if active nests are present within the area of impact and buffer any nesting locations found during surveys. 1) Generally, the surveys should be conducted no more than five days prior to scheduled activity. 2) Timing and dimensions of the area to be surveyed vary and will depend on the nature of the project, location, and expected level of vegetation disturbance. 3) If active nests or breeding behavior (e.g., courtship, nest building, territorial defense, etc.) are detected during these surveys, no vegetation removal activities should be conducted until nestlings have fledged or the nest fails or breeding behaviors are no longer observed. If the activity must occur, establish a buffer zone around the nest and no activities will occur within that zone until nestlings have fledged and left the nest area. The dimension of the buffer zone will depend on the proposed activity, habitat type, and species present and should be coordinated with the local or regional Service office. 4) When establishing a buffer zone, construct a barrier (e.g., plastic fencing) to protect the area. If the fence is knocked down or destroyed, work will suspend wholly, or in part, until the fence is satisfactorily repaired. 5) When establishing a buffer zone, a qualified biologist will be present onsite to serve as a biological monitor during vegetation clearing and grading activities to ensure no take of migratory birds occurs. Prior to vegetation clearing, the monitor will ensure that the limits of construction have been properly staked and are readily identifiable. Any associated project activities that are inconsistent with the applicable conservation measures, and activities that may result in the take of migratory birds will be immediately halted and reported to the appropriate Service office within 24 hours. 6) If establishing a buffer zone is not feasible, contact the Service for guidance to minimize impacts to migratory birds associated with the proposed project or removal of an active nest. An active nest can be removed only by a permitted bird rehabilitator.

Conservation Measure 3: Prepare a vegetation maintenance plan that outlines vegetation maintenance activities and schedules so that direct bird impacts do not occur.

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Stressor: Invasive Species Introduction Conservation Goal: Prevent the introduction of invasive plants.

Conservation Measure 1: Prepare a weed abatement plan that outlines the areas where weed abatement is required and the schedule and method of activities to ensure bird impacts are avoided.

Conservation Measure 2: For temporary and permanent habitat restoration/enhancement, use only native and local (when possible) seed and plant stock.

Conservation Measure 3: Consider creating vehicle wash stations prior to entering sensitive habitat areas to prevent accidental introduction of non-native plants.

Conservation Measure 4: Remove invasive/exotic species that pose an attractive nuisance to migratory birds.

Stressor: Artificial Lighting Conservation Goal: Prevent increase in lighting of native habitats during the bird breeding season.

Conservation Measure 1: To the maximum extent practicable, limit construction activities to the time between dawn and dusk to avoid the illumination of adjacent habitat areas.

Conservation Measure 2: If construction activity time restrictions are not possible, use down shielding or directional lighting to avoid light trespass into bird habitat (i.e., use a 'Cobra' style light rather than an omnidirectional light system to direct light down to the roadbed). To the maximum extent practicable, while allowing for public safety, low intensity energy saving lighting (e.g. low pressure sodium lamps) will be used.

Conservation Measure 3: Minimize illumination of lighting on associated construction or operation structures by using motion sensors or heat sensors.

Conservation Measure 5: Bright white light, such as metal halide, halogen, fluorescent, mercury vapor and incandescent lamps should not be used.

Stressor: Human Disturbance Conservation Goal: Minimize prolonged human presence near nesting birds during construction and maintenance actions.

Conservation Measure 1: Restrict unauthorized access to natural areas adjacent to the project site by erecting a barrier and/or avoidance buffers (e.g., gate, fence, wall) to minimize foot traffic and off-road vehicle uses.

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Stressor: Collision Conservation Goal: Minimize collision risk with project infrastructure and vehicles.

Conservation Measure 1: Minimize collision risk with project infrastructure (e.g., temporary and permanent) by increasing visibility through appropriate marking and design features (e.g., lighting, wire marking, etc.).

Conservation Measure 2: On bridge crossing areas with adjacent riparian, beach, estuary, or other bird habitat, use fencing or metal bridge poles (Sebastian Poles) that extend to the height of the tallest vehicles that will use the structure.

Conservation Measure 3: Install wildlife friendly culverts so rodents and small mammals can travel under any new roadways instead of over them. This may help reduce raptor deaths associated with being struck while tracking prey or scavenging road kill on the roadway.

Conservation Measure 4: Remove road-kill carcasses regularly to prevent scavenging and bird congregations along roadways.

Conservation Measure 5: Avoid planting “desirable” fruited or preferred nesting vegetation in medians or Rights of Way.

Conservation Measure 6: Eliminate use of steady burning lights on tall structures (e.g., >200 ft).

Stressor: Entrapment Conservation Goal: Prevent birds from becoming trapped in project structures or perching and nesting in project areas that may endanger them.

Conservation Measure 1: Minimize entrapment and entanglement hazards through project design measures that may include: 1. Installing anti-perching devices on facilities/equipment where birds may commonly nest or perch 2. Covering or enclosing all potential nesting surfaces on the structure with mesh netting, chicken wire fencing, or other suitable exclusion material prior to the nesting season to prevent birds from establishing new nests. The netting, fencing, or other material must have no opening or mesh size greater than 19 mm and must be maintained until the structure is removed. 3. Cap pipes and cover/seal all small dark spaces where birds may enter and become trapped.

Conservation Measure 2: Use the appropriate deterrents to prevent birds from nesting on structures where they cause conflicts, may endanger themselves, or create a human health and safety hazard. 1. During the time that the birds are trying to build or occupy their nests (generally , between April and August, depending on the geographic location), potential nesting surfaces should be monitored at least once every three days for any nesting activity,

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especially where bird use of structures is likely to cause take. It is permissible to remove non-active nests (without birds or eggs), partially completed nests, or new nests as they are built (prior to occupation). If birds have started to build any nests, the nests shall be removed before they are completed. Water shall not be used to remove the nests if nests are located within 50 feet of any surface waters. 2. If an active nest becomes established (i.e., there are eggs or young in the nest), all work that could result in abandonment or destruction of the nest shall be avoided until the young have fledged or the nest is unoccupied. Construction activities that may displace birds after they have laid their eggs and before the young have fledged should not be permitted. If the project continues into the following spring, this cycle shall be repeated. When work on the structure is complete, all netting shall be removed and properly disposed of.

Stressor: Noise Conservation Goal: Prevent the increase in noise above ambient levels during the nesting bird breeding season.

Conservation Measure 1: Minimize an increase in noise above ambient levels during project construction by installing temporary structural barriers such as sand bags

Conservation Measure 2: Avoid permanent additions to ambient noise levels from the proposed project by using baffle boxes or sound walls.

Stressor: Chemical Contamination Conservation Goal: Prevent the introduction of chemicals contaminants into the environment.

Conservation Measure 1: Avoid chemical contamination of the project area by implementing a Hazardous Materials Plan. For more information on hazardous waste and how to properly manage hazardous waste, see the EPA Hazardous Waste website.

Conservation Measure 2: Avoid soil contamination by using drip pans underneath equipment and containment zones at construction sites and when refueling vehicles or equipment.

Conservation Measure 3: Avoid contaminating natural aquatic and wetland systems with runoff by limiting all equipment maintenance, staging laydown, and dispensing of fuel, oil, etc., to designated upland areas.

Conservation Measure 4: Any use of pesticides or rodenticides shall comply with the applicable Federal and State laws. 1. Choose non-chemical alternatives when appropriate 2. Pesticides shall be used only in accordance with their registered uses and in accordance with the manufacturer’s instructions to limit access to non-target species.

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3. For general measures to reducing wildlife exposure to pesticides, see EPA’s Pesticides: Environmental Effects website.

Stressor: Fire Conservation Goal: Minimize fire potential from project-related activities.

Conservation Measure 1: Reduce fire hazards from vehicles and human activities (e.g., use spark arrestors on power equipment, avoid driving vehicles off road).

Conservation Measure 2: Consider fire potential when developing vegetation management plans by planting temporary impact areas with a palate of low-growing, sparse, fire resistant native species that meet with the approval of the County Fire Department and local FWS Office.

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Appendix G Region 2 Suggested Conservation Actions for Projects to Avoid or Minimize Potential for Take of Protected Species of Migratory Birds

Suggested Conservation Actions for Projects to Avoid or Minimize Potential for Take of Protected Species of Migratory Birds

U.S. Fish and Wildlife Service, Division of Migratory Birds, Southwest Region P.O. Box 1306, Albuquerque, NM 87103; Phone 505-248-6878

October 2014

The Migratory Bird Treaty Act (MBTA, 16 U.S.C. 703-712) prohibits, among other actions, the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Department of the Interior through a permit or other regulation. Protected species of birds are listed under Title 50, Code of Federal Regulations, Part 10. Currently 1026 species of birds are protected by the MBTA, including nearly all species that are native to the United States.

Activities that involve modification of habitats in which birds are nesting, or occurring adjacent to habitats in which birds are nesting may take protected birds through direct mortality of eggs, nestlings, or adults, or indirectly by causing nest abandonment, thereby leading to death of eggs or nestlings. The MBTA is a strict liability statute, in that the developer need not know that the nesting birds are present and potentially at risk by the development activities. There is also no permit available under the MBTA that will authorize the unintentional take of migratory birds. The only way to ensure compliance with the MBTA is to avoid the take altogether. Below are suggestions for minimizing or eliminating the potential for take during construction activities.

1. Conduct the activity outside the local nesting season so there are no active nests of birds that may be inadvertently damaged or destroyed by the project actions, and no need to conduct surveys for active nests.

2. Minimize the loss, destruction, or degradation of migratory bird habitat during the local nesting season if activities must occur during that timeframe. Within the Southwest Region, although most species nest between early April and mid- August, some nesting activity may occur during all months of the year depending on location. In desert regions, for example, nesting may begin in January and continue into November. Some eagles, owls, and finches may nest in mid-winter. Due to this variability, project proponents should contact the U.S. Fish and Wildlife Service’s (USFWS) Regional Migratory Bird Office (see above) for details on timing of nesting in the area of the project. The proponent should be knowledgeable of which species may nest outside of the core “nesting season” that is often cited by various entities.

3. Document extent of below- and above-ground construction activities and the habitats through which those will pass. Recommendations on avoidance practices, timing of surveys, and the suite of species potentially affected may differ accordingly.

4. For projects planned well in advance, clearing of vegetation in the year prior to construction (outside the nesting season) may discourage future nesting attempts of birds in the proposed project area, thereby decreasing chance of take during construction activities.

5. If a proposed project or action may take migratory birds through disturbance or alteration of nesting habitat, and work cannot occur outside the local nesting season, project proponents should provide the USFWS with an explanation for why work has to occur during the migratory bird nesting season. In these cases, project proponents should also demonstrate that all efforts to complete the work outside the migratory bird nesting season were attempted, and that the reasons work needs to be completed during the nesting season were beyond the proponent’s control.

6. To determine if migratory birds are nesting on-site and therefore potentially at risk by the activity, project proponents should conduct initial general surveys of the project area during the best biological timeframe for detecting the presence of the locally nesting birds (to locate potential territories that may be in harm’s way), followed by nest searches in the project area shortly before the disturbance will occur (ideally within a week of the start of construction due to the speed with which nests may be built). Contact the USFWS Division of Migratory Birds for survey protocol recommendations.

Except for the nests of large species, bird nests are well hidden and very difficult to find, and nest searches can be time intensive. Surveyors must be experienced in locating nests, as doing so successfully often relies on the ability to interpret subtle behavioral cues by the adult birds. Project proponents should also be aware that results of migratory bird surveys are subject to spatial and temporal variability and should be conducted at the most appropriate times of day and season for detection of territories and ultimately nests.

7. If no migratory birds are found nesting in proposed project or action areas immediately prior to the time when construction and associated activities are to occur, then the project activity may proceed as planned.

8. If protected species of birds are present and nesting in the proposed project or action area when project activities are slated to occur, contact your nearest USFWS Ecological Services Field Office and the USFWS Regional Division of Migratory Birds for guidance on appropriate next steps for minimizing risk of violating the MBTA.

* These proposed conservation measures presume that no Endangered or Threatened animal or plant species (including migratory birds) exist in the project/action area. If Endangered or Threatened species are or potentially could be present and the project/action may affect these species, then consult with your nearest USFWS Ecological Services Office before proceeding with any project/action.

** The Migratory Bird Treaty Act prohibits the taking, killing, possession, and transportation, (among other actions) of migratory birds, their eggs, parts, and nests, except when specifically permitted by regulations. Although the Act has no provision for allowing unintentional take, the USFWS realizes that some birds may be killed due to construction activities, even if all known reasonable and effective measures to protect birds are used. The USFWS Office of Law Enforcement (OLE) carries out its mission to protect migratory birds through investigations and enforcement, as well as by fostering relationships with individuals, companies, and industries that have taken effective steps to avoid take of migratory birds and by encouraging others to implement measures to avoid take of migratory birds. It is not possible to absolve individuals, companies, or agencies from liability even if they implement bird mortality avoidance or other similar protective measures. However, the OLE focuses its resources on investigating and prosecuting individuals and companies that take migratory birds without identifying and implementing all reasonable, prudent and effective measures to avoid that take. Companies are encouraged to work closely with Service biologists to identify available protective measures when developing project plans and/or avian protection plans, and to implement those measures prior to/during construction or similar activities.

*** Bald and golden eagles receive additional protection under the Bald and Golden Eagle Protection Act (BGEPA). BGEPA prohibits the take, possession, sale, purchase, barter, offer to sell, purchase, or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit. Further, activities that would disturb bald or golden eagles are prohibited under BGEPA. “Disturb” means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. If a proposed project or action would occur in areas where nesting, feeding, or roosting eagles occur, then project proponents may need to take additional conservation measures to achieve compliance with BGEPA. Regulations at 50 CFR 22.26 and 22.27 allow the take of bald and golden eagles and their nests, respectively, to protect interests in a particular locality. Consultation with the Migratory Bird and Ecological Services programs of the Service will be required before a permit may be considered.

**** Under the USFWS Nest Destruction Policy, empty nests (except for eagles) may be destroyed without need for a permit from the USFWS. See the policy language below. MBPM-2 Date: April 15, 2003

MIGRATORY BIRD PERMIT MEMORANDUM

SUBJECT: Nest Destruction

PURPOSE: The purpose of the memorandum is to clarify the application of the Migratory Bird Treaty Act (MBTA) to migratory bird nest destruction, and to provide guidance for advising the public regarding this issue.

POLICY: The MBTA does not contain any prohibition that applies to the destruction of a migratory bird nest alone (without birds or eggs), provided that no possession occurs during the destruction. To minimize MBTA violations, Service employees should make every effort to inform the public of how to minimize the risk of taking migratory bird species whose nesting behaviors make it difficult to determine occupancy status or continuing nest dependency.

The MBTA specifically protects migratory bird nests from possession, sale, purchase, barter, transport, import, and export, and take. The other prohibitions of the MBTA – capture, pursue, hunt, and kill – are inapplicable to nests. The regulatory definition of take, as defined by 50 CFR 10.12, means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue hunt, shoot, wound, kill, trap, capture, or collect. Only collect applies to nests.

While it is illegal to collect, possess, and by any means transfer possession of any migratory bird nest, the MBTA does not contain any prohibition that applies to the destruction of a bird nest alone (without birds or eggs), provided that no possession occurs during the destruction. The MBTA does not authorize the Service to issue permits in situations in which the prohibitions of the Act do not apply, such as the destruction of unoccupied nests. (Some unoccupied nests are legally protected by statutes other than the MBTA, including nests of threatened and endangered migratory bird species and bald and golden eagles, within certain parameters.)

However, the public should be made aware that, while destruction of a nest by itself is not prohibited under the MBTA, nest destruction that results in the unpermitted take of migratory birds or their eggs, is illegal and fully prosecutable under the MBTA.

Due to the biological and behavioral characteristics of some migratory bird species, destruction of their nests entails an elevated degree of risk of violating the MBTA. For example, colonial nesting birds are highly vulnerable to disturbance; the destruction of unoccupied nests during or near the nesting season could result in a significant level of take. Another example involves ground nesting species such as burrowing owls and bank swallows, which nest in cavities in the ground, making it difficult to detect whether or not their nests are occupied by eggs or nestlings or are otherwise still essential to the survival of the juvenile birds.

The Service should make every effort to raise public awareness regarding the possible presence of birds and the risk of violating the MBTA, the Endangered Species Act (ESA), and the Bald and Golden Eagle Protection Act (BGEPA), and should inform the public of factors that will help minimize the likelihood that take would occur should nests be destroyed (i.e., when active nesting season normally occurs).

The Service should also take care to discern that persons who request MBTA permits for nest destruction are not targeting nests of endangered or threatened species or bald or golden eagles, so that the public can be made aware of the prohibitions of the ESA and the BGEPA against nest destruction.

In situations where it is necessary (i.e., for public safety) to remove (destroy) a nest that is occupied by eggs or nestlings or is otherwise still essential to the survival of a juvenile bird, and a permit is available pursuant to 50 CFR parts 13 and 21, the Service may issue a permit to take individual birds.

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Note: A signed version of this Policy may be found at: http://www.fws.gov/migratorybirds/mbpermits/PoliciesHandbooks/MBPM-2.nest.PDF