Document k9o5nqOvGvnp3drBOEon32JJ0

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III Four Penn Center - 1600 John F. Kennedy BLVD Philadelphia, Pennsylvania 19103-2029 Report Title: Inspection Date(s): Start Time: Regulatory Program(s): Site Name: Site Location: Latitude: County/Parish: Company: Mailing Address: Clean Water Act, Section 404 Inspection Report for the Route 19 Morris Development 05/09/2022 9:00am End Time: 1:30pm Inspections authorized pursuant to Clean Water Act, Sections 308 and 404 (33 U.S.C. 1318 and 1344) Route 19 Morris Development Approximately 1.25 miles east on Route 19 from the intersection of Route 19 and I-79 Sutton, West Virginia 26601 38.6087 N Longitude: -80.7368 W Braxton County Waco Oil & Gas Company, Inc. P.O. Box 397 Glenville, West Virginia 26351 Unique Project #: 3E22WW046A Site Contact(s): Steve Holloway, Land Manager, Waco Oil & Gas Phone: N/A Email: steve.holloway@wacowv.com EPA Inspector: Katelyn Almeter, Inspector, SDWA & Wetlands Section, 3ED31 Phone: 215-814-2797 Email: almeter.katelyn@epa.gov EPA Inspector Signature/Date KATELYN ALMETER Digitally signed by KATELYN ALMETER Date: 2022.06.13 15:34:50 -04'00' Katelyn Almeter, Inspector Four Penn Center 1600 John F. Kennedy Blvd Philadelphia, PA 19103 Supervisor Signature/Date RENEE BRYANT Digitally signed by RENEE BRYANT Date: 2022.06.14 18:01:00 -04'00' Renee Bryant, Chief SDWA & Wetlands Section Date Date Unique Project #: 3E22WW046A Table of Contents CWA Section 404 Inspection 05/09/2022 Section Page I Introduction................................................................................................ 3 A Site Identification....................................................................................... 3 B Weather and Environmental Conditions.................................................... 3 C Inspection Opening Conference................................................................. 3 II Site Activity................................................................................................ 4 III Observations............................................................................................... 5 IV Records Review.......................................................................................... 7 V Closing Conference.................................................................................... 8 A Overview.................................................................................................... 8 B Observations Relayed to Site Representative............................................. 8 C Documents Requested or Received............................................................ 9 VI Subsequent Correspondence...................................................................... 9 VII List of Attachments.................................................................................... 9 Unique Project #: 3E22WW046A Page 2 of 9 CWA Section 404 Inspection 05/09/2022 I. Introduction The inspection was conducted by the Environmental Protection Agency ("EPA") to evaluate the compliance of the site with Section 404 of the Clean Water Act ("CWA"). The inspection date was coordinated via email in April 2022. This was a follow-up inspection that was conducted to observe the conditions at the site including any conductions that had changed on-site resulting from recent slips/landslides and construction of sediment ponds that had taken place since EPA's previous inspection on February 26, 2020. The inspection is associated with the violations subject to EPA's Administrative Order for Compliance Docket# CWA-03-2021-0017DW. A. Site Identification The Route 19 Morris Development Site (the "Site") is approximately 392 acres and identified in Attachment 1. The Site is also identified in EPA's Administrative Order for Compliance Docket# CWA-03-2021-0017DW. The inspection walkthrough included the areas around Pad 1, Pad 2, and the access road. The naming convention of features on the Site, including aquatic resources, is consistent with the naming convention used for EPA's February 26, 2020, inspection. B. Weather and Environmental Conditions The weather in Sutton, West Virginia on May 9, 2022, was mostly sunny with temperatures approximately 55F at the beginning of the inspection and a high temperature of approximately 75F. The evening before the inspection, rainstorms moved through the area, which at times was heavy. C. Inspection Opening Conference The opening conference was held on Pad 1 after most of the attendees arrived on-site and before the start of the inspection walkthrough. Two attendees arrived after opening conference as noted below. A sign-in sheet was created during the opening conference (Attachment 2). All the inspection attendees are also identified in Table 1 below. The opening conference began with introductions. The EPA inspector presented her credentials to the attendees. The objectives for the inspection were discussed, including observing the aquatic resources, including Unnamed Tributary G and H, observing the slip areas and sediment ponds, collecting data and photos, observing the status of compliance with CWA. Civil & Environmental Consultants, Inc. ("CEC") handed out copies of the "On-site Restoration Plan Set Approximate 30% Complete Plan Set", "Draft Geotechnical Implementation Plan Set", "H&H Existing Conditions Map Set", and "Erosion & Sediment (E&S) Plan Set". The proposed schedule for the geotechnical implementation and development of the restoration plan was discussed. The inspector stated that it was EPA's goal to provide comments on the proposal Unique Project #: 3E22WW046A Page 3 of 9 CWA Section 404 Inspection 05/09/2022 soon and indicated that the comments would generally be consistent with those discussed during the call held with CEC on April 22, 2022. The inspector asked about parcel boundaries to clarify some of the differences seen in the parcel boundary in the West Virginia Property Viewer website (https://ww.mapwv.gov/parcel/). Mr. Hanshaw and Mr. Holloway said that the current parcel boundary shown on the website was inaccurate, it was a common issue with the website, and that the parcel boundaries had not changed since EPA's initial inspection. The EPA inspector informed the attendees that an inspection report will be prepared following the inspection. It should be expected to be finalized within about 60 days of the inspection and sent to the attendees. There was an opportunity for anyone to ask any additional questions before the inspection walkthrough began. Table 1 - Inspection Attendees Name: Agency/ Organization: Katelyn Almeter U.S. Environmental Protection Agency Sarah Buckley U.S. Department of Justice Kaelyn Bentley West Virginia Department of Environmental Protection Roger Hanshaw Bowles Rice Steve Holloway Waco Oil & Gas Company, Inc. Christy Mower Civil & Environmental Consultants, Inc. Erasmo Rizo Civil & Environmental Consultants, Inc. Jeff Gruber Civil & Environmental Consultants, Inc. Jason Liddle West Virginia Department of Environmental Protection Tim Casto West Virginia Department of Environmental Protection Pat Warner Waco Oil & Gas Company, Inc. Louis Reynolds * U.S. Environmental Protection Agency Greg Pond* U.S. Environmental Protection Agency *arrived during the inspection at approximately 10:20am Should the site/facility find it applicable, the U.S. EPA Small Business Resources Information Sheet can be found at https://www.epa.gov/sites/production/files/201706/documents/smallbusinessinfo.pdf. II. Site Activity The Site was developed for the purpose of future commercial development. The current layout of construction at the property consists of two constructed, flat pads, a cell tower, and an access road. UPS is currently utilizing a portion of Pad 1. They have temporary structures on-site. Unique Project #: 3E22WW046A Page 4 of 9 CWA Section 404 Inspection 05/09/2022 III. Observations Following opening conference, the inspection walkthrough began on Pad 1. The buildings utilized by UPS were observed (See Attachment 3 - Photographic Log; DSCN3734 and DSCN3737). During the walk across Pad 1 the inspector asked CEC about excess fill or material that might occur following the restoration activities and that the stockpile locations should be identified in the upcoming plans. CEC stated they have not completed the earth balance for the work yet so don't know at this time but will include it in the appropriate plan sets. The inspector asked about the highwall and if there were any known safety concerns (DSCN3737). The potential need to address the highwall on the north side of Pad 1 where material had been removed from the hillside was discussed (DSCN3737). CEC stated that that are looking at that potential issue, but it would depend on what would be located underneath it. CEC explained that if, for example, cars were to be parking there, falling rock might be more of a concern, but other uses could be less of a safety concern. The proposed stream restoration with riparian buffer would provide less of a concern for falling rock so long as it didn't disrupt the stream restoration or performance standards. CEC further elaborated that the stream restoration plan would consider it and the riparian buffer could also include design considerations with regard to the regrading activity, but it was still being evaluated. On the northwest edge of Pad 1 the sedimentation pond was observed (DSCN3738 and DSCN3740). Equipment and materials were stagged on Pad 1 near the sediment pond. Erosional rills with some rip rap sized rock were observed in the hillslope to the north of the sediment pond (DSCN3739). The erosional feature downstream of the sediment pond contained large rock and rip rap-sized rock (DSCN3747 and DSCN3748). The inspector asked about the downstream erosional feature and how it is being addressed in the development of the plans. CEC stated that since the proposal included regrading in the whole area the erosional features that were currently present would be addressed when those plans were implemented. The walkthrough continued to observe the fill slope of Pad 1. The fill slope was sparsely vegetated with coverage below 70% based on an observational estimate (DSCN3745 and DSCN3749). A slip on the fill slope (east side of Pad 1) was observed (DSCN3746). The slip consisted of exposed fill dirt and did not have vegetation growing on it (DSCN3750 to DSCN3753). An access pathway and tracks for equipment were observed leading toward the slip area on Pad 1 (DSCN3749). CEC stated that this pathway provided access to install erosion and sediment control features/Best Management Practices ("BMPs"). Coir logs were observed near the toe of the slip material (DSCN3753 to DSCN3757). Water seeps were observed within the slip area on the slope for Pad 1 (DSCN3753). Near the discharge point for a seep, a discrete patch of willows was observed (DSCN3752). Some slip material was observed below the coir logs placed to the east of Pad 1 (DSCN3753). Two main areas of concentrated flow were observed discharging from the fill material downslope of Pad 1 (DSCN3757 and DSCN3761). CEC discussed the slip repair work and an overview of the proposed geotechnical work, including taking the slope from approximately 2:1 (current) to 3:1 (proposed) and installation of geo-grid to provide an additional factor of safety for long-term stability. Unique Project #: 3E22WW046A Page 5 of 9 CWA Section 404 Inspection 05/09/2022 Louis Reynolds and Greg Pond of EPA's Field Services Branch arrived on-site at approximately 10:20am. They conducted their observations and sampling near Pad 1, primarily in the area along Bear Run. The results of that sampling will be provided in a supplemental report. The walkthrough continued on and observed the wetland area that abuts Unnamed Tributary A (DSCN3766). This portion of Unnamed Tributary A was downstream of Pad 1. The stream had flow at the time of the inspection. The inspector observed the section of Bear Run that flows east of Pad 1 and downstream of Unnamed Tributary A. At approximately 11:13am the inspection continued by driving to the Pad 2 area. Near the headwaters of Unnamed Tributary C1 and Unnamed Tributary C2, a portion of the access road and hill slope had slipped (DSCN3774 and DSCN3777). The slip area was mostly unvegetated with portions of sparse herbaceous vegetation. There were soil cracks in the slip area that has water flowing in them downslope (DSCN3779 to DSCN3782). CEC pointed out inclinometers that they had placed to track soil movement. The walkthrough continued downslope to where the slip encroached into the tree line below Pad 2 (DSCN3785). The slip was observed downstream into the wooded area with slip material in the mainstem of Unnamed Tributary C (DSCN3785 to DSCN3800). Coir logs were observed near the base of the slip material (DSCN3790 to DSCN3793). Slip material and sediment-laden water were observed over and downstream of the coir logs (DSCN3794, DSCN3795, and DSCN3798 to DSCN3801). CEC indicated that they had placed the coir logs but are still working on receiving the authorization from West Virginia Department of Environmental Protection on the National Pollution Discharge Elimination System "NPDES" permit modification request so that they could access the area to conduct necessary repairs. The inspector and CEC discussed the location of Unnamed Tributary C3. The Unnamed Tributary C3 area was observed to be covered with slip material coming from the northern hillside (DSCN3803 to DSCN3807). The material was covering the channel of Unnamed Tributary C3 downstream of its confluence with Unnamed Tributary C2 (also identified as the mainstem). The inspection walkthrough continued to the area along Pad 2 that was north of Unnamed Tributary C3. The top area of a slip was observed, and part of the hillside was exposed (DSCN3808). The area was mostly unvegetated. Closer to the upstream end of Unnamed Tributary C3 some vegetation was observed as well as pooling water and seeps (DSCN3806 and DSCN3807). A wetland area, dominated by soft rush (Juncus effusus), was also observed in this area along the eastern edge of Pad 2 near the headwaters of Unnamed Tributary C3 (DSCN3809 to DSCN3810). CEC stated that, considering its location, the wetland likely formed as a result of the grading/earth-moving activities for Pad 2 and the having the hydrology sit there would not be beneficial for long term stability. CEC discussed stockpiling the soil from the wetland areas developing on Pad 2 for use in the proposed wetland areas for the restoration work at Pad 1, which would provide a "jump start" and seed bank for those proposed wetland areas. The inspector agreed that it would be a beneficial effort during the future restoration activities. West Virginia Department of Environmental Protection indicated that they had completed their inspection and had an additional location that they had to get to before the end of the day and left the Site at approximately 12:20pm. Unique Project #: 3E22WW046A Page 6 of 9 CWA Section 404 Inspection 05/09/2022 The inspection walkthrough continued to the northwest side of Pad 2 to observe Unnamed Tributary G (DSCN3816 and DSCN3817). Unnamed Tributary G was observed around the limits of disturbance from the impacted reach to the unimpacted stream reach. The western slope of Pad 2 was well-vegetated in this area with 100% coverage of herbaceous vegetation. Immediately downstream of the limits of disturbance the undisturbed channel for Unnamed Tributary G was observed. The stream had a narrow but continuous channel with an Ordinary High Water Mark. The channel was moist but was not flowing at the time of the inspection. CEC discussed the potential geotechnical and grading work that is under consideration for Pad 2 that could be implemented to allow for positive drainage across the Pad 2 area. CEC pointed out a slip with groundwater seeps along the eastern side of Pad 2 and wetland areas forming on Pad 2 (upslope of Unnamed Tributary G) (DSCN3815). They stated that they were evaluating potential design options that could pipe the hydrology under Pad 2 to Unnamed Tributary G. CEC also discussed repairing the slip. Waco did express a concern that regrading Pad 2 would require additional revegetation efforts and that good vegetation coverage had finally been achieved there. The inspection walkthrough continued to Unnamed Tributary H at the northwest edge of Pad 2. The sediment pond was observed at the base of the slope for Pad 2 (DSCN3819). Based on a visual observation, the sediment pond appeared to be full capacity. On the north side an erosional rill was observed from Pad 2 that discharged into the sediment pond (DSCN2821 and DSCN3822). Upstream, at the south end of sediment pond a rill/channel was also observed (DSCN3823). The feature formed within the side slope of Pad 2 and drained into the sediment pond. CEC discussed how, based on their desktop review, this feature followed the predisturbance topographic indications of a stream channel was likely the pre-disturbance flow pathway for Unnamed Tributary H. CEC stated that as part of the geotechnical and restoration work the sediment pond would be reclaimed. The feature was next to the rock-lined outlet of the sediment pond (DSCN3823 and DSCN3824). The outlet terminates near the limits of disturbance at the Site. The inspector then observed the area downstream of the sediment pond. At the limits of disturbance, piled woody and earthen debris were observed (DSCN3825). Downstream of this disturbance, the channel of Unnamed Tributary H was observed (DSCN3826). The stream had a continuous channel with an Ordinary High Water Mark. Flow was not observed in the channel at the time of the inspection. The inspector and CEC discussed that it was likely that the ephemeral- intermittent point for Unnamed Tributary H typically occurred near what is now the downstream end of the sediment pond. CEC stated that they were still evaluating the options for stream restoration in this area which currently focus on the space trade-offs between space for Pad 2 and lower gradient for stream restoration. The remaining attendees drove back to Pad 1 to conduct closing conference. IV. Records Review A review of site/facility records was not a component of the inspection; therefore, EPA is not expecting to accessed business records, including confidential business information ("CBI"). If Unique Project #: 3E22WW046A Page 7 of 9 CWA Section 404 Inspection 05/09/2022 the company wants to make a CBI claim on information or photographs collected by the inspector during the inspection, they can submit a claim to EPA. After the company notifies EPA of the CBI, EPA representatives would mark the CBI as such, and it will be handled as CBI according to EPA's procedures. V. Closing Conference A. Overview At the end of the Site walkthrough a closing conference was held with the remaining inspection attendees. The representatives from West Virginia Department of Environmental Protection and EPA's Field Serviced Branch were no longer on-site and not present at closing conference. During closing conference, Mr. Hanshaw brought up Waco's anticipation that a lease agreement with UPS would continue for part of Pad 1. There was an acknowledgment that the current location being used by UPS on Pad 1 would not be practical moving forward due to the proposed stream restoration activities. Waco had identified another part of Pad 1, closer to the road, and outside of the proposed stream restoration area, for UPS to lease for their operations. Mr. Hanshaw requested feedback from EPA on if this continued use in the new location would be acceptable and what information EPA would need to evaluate it. The inspector asked if there could be a document identifying this proposed location. Mr. Hanshaw and CEC pointed out that this proposed location is identified as "PROPOSED UPS LEASE BOUNDARY" in the "On-site Stream Restoration Approximate 30% Complete Plan Set". The inspector stated that based on the location of the area identified, the new location appears to be outside of aquatic resources and the proposed stream restoration area, therefore, EPA would likely not have concerns with UPS leasing that location. However, this was on the condition that, since the new location was right next to the road, provisions should be included to ensure that Waco could maintain appropriate access to the proposed restoration area and have adequate space to stage materials and equipment so that the geotechnical stability and stream restoration work would not be restricted by the UPS operations. Mr. Hanshaw said that those conditions were a standard part of the lease agreement, and it would be taken care of for the Site. The observations relayed by the inspector at closing conference are discussed are below. B. Observations Relayed to Site Representative The following observations were relayed by the inspector during closing conference: Comments from EPA should be expected on the proposed schedule of geotechnical stability work and restoration plan shortly. Slip material at the access road/Pad 2 area has covered Unnamed Tributary C1 and Unnamed Tributary C3 and has made it downstream of their confluence with the Unnamed Tributary C mainstem (which is also identified as C2). The slip material is overtaking the coir logs and moving downstream. EPA acknowledges that CEC is working on modifying the NPDES permit so that access to that area for appropriate corrective action can be undertaken. CEC and West Virginia Department of Unique Project #: 3E22WW046A Page 8 of 9 CWA Section 404 Inspection 05/09/2022 Environmental Protection also spoke about a potential emergency authorization from West Virginia Department of Environmental Protection. It is EPA's understanding that CEC will continue to work with West Virginia Department of Environmental Protection on appropriate authorization. CEC will also need to provide an updated impact number for Unnamed Tributary C1, Unnamed Tributary C2, and Unnamed Tributary C3 once the slip is repaired to capture the impacts at that location. The inspector discussed the revised stream impact for Unnamed Tributary G and Unnamed Tributary H. What was observed appeared consistent with the information provided by CEC on April 14, 2022, and EPA will be providing response to CEC's email identifying the revised impacts for those two streams. The results of the data collected by EPA's Field Services Branch will be provided, either in the inspection report or in a supplemental document depending on the timing of when it is ready relative to the inspection report. C. Documents Requested or Received During opening conference, CEC provided copies of the following handouts: On-site Restoration Plan Set Approximate 30% Complete Plan Set Draft Geotechnical Implementation Plan Set H&H Existing Conditions Map Set Erosion & Sediment ("E&S") Plan Set VI. Subsequent Correspondence On May 23, 2022, following the inspection, Sarah Buckley of U.S. Department of Justice sent a letter to Waco Oil & Gas providing comments on the proposed schedule and preliminary engineering drawings of the geotechnical stabilization work and the restoration plan. On May 12, 2022, the inspector emailed Christy Mower of CEC confirming the revised stream impact lengths for Unnamed Tributary G and Unnamed Tributary H. This was in response to the Ms. Mower's email sent on April 14, 2022, identifying stream impacts. VII. List of Attachments Attachment 1: Attachment 2: Attachment 3: Site Figure Sign-in Sheet Photographic Log Unique Project #: 3E22WW046A Page 9 of 9 Attachment 1 - Site Figure UPI#3E22WW046A Site Map Created and Provided with EPA's February 26, 2020 Inspection Report Attachment 1 - Site Figure UPI#3E22WW046A Aerial Image Date: 12/23/2021 Source: Maxar/Digital Globe Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3734.JPG Date: May 9, 2022 Notes: UPS buildings on Pad 1; looking northeast Photo ID: DSCN3735.JPG Date: May 9, 2022 Notes: Pad 1; looking east Photo ID: DSCN3736.JPG Date: May 9, 2022 Notes: Pad 1; looking east Page 1 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3737.JPG Date: May 9, 2022 Notes: Pad 1; looking west Photo ID: DSCN3738.JPG Date: May 9, 2022 Notes: Pad 1; looking east Photo ID: DSCN3739.JPG Date: May 9, 2022 Notes: Feature A1; looking north from Pad 1 Page 2 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3740.JPG Date: May 9, 2022 Notes: sediment pond along Pad 1; looking east Photo ID: DSCN3741.JPG Date: May 9, 2022 Notes: Pad 1; looking south Photo ID: DSCN3742.JPG Date: May 9, 2022 Notes: looking southeast Page 3 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3743.JPG Date: May 9, 2022 Notes: looking northeast Photo ID: DSCN3744.JPG Date: May 9, 2022 Notes: looking northeast Photo ID: DSCN3745.JPG Date: May 9, 2022 Notes: slip at toe of Pad 1; looking south Page 4 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3746.JPG Date: May 9, 2022 Notes: erosional rills at Pad 1; looking northwest Photo ID: DSCN3747.JPG Date: May 9, 2022 Notes: below sediment pond on Pad 1; looking south Photo ID: DSCN3748.JPG Date: May 9, 2022 Notes: below sediment pond on Pad 1; looking north Page 5 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3749.JPG Date: May 9, 2022 Notes: Pad 1; looking south Photo ID: DSCN3750.JPG Date: May 9, 2022 Notes: slip area on Pad 1; looking west Photo ID: DSCN3751.JPG Date: May 9, 2022 Notes: slip area on Pad 1 Page 6 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3752.JPG Date: May 9, 2022 Notes: slip area on Pad 1 Photo ID: DSCN3753.JPG Date: May 9, 2022 Notes: slip area on Pad 1 Photo ID: DSCN3754.JPG Date: May 9, 2022 Notes: slip area on Pad 1 Page 7 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3755.JPG Date: May 9, 2022 Notes: slip area on Pad; looking southeast Photo ID: DSCN3756.JPG Date: May 9, 2022 Notes: slip area on Pad 1 Photo ID: DSCN3757.JPG Date: May 9, 2022 Notes: slip area on Pad 1 Page 8 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3758.JPG Date: May 9, 2022 Notes: downstream of toe of fill placement for Pad 1; looking southeast Photo ID: DSCN3759.JPG Date: May 9, 2022 Notes: consolidated flow discharging from the fill material of Pad 1 Photo ID: DSCN3760.JPG Date: May 9, 2022 Notes: slip on fill material of Pad 1; looking west Page 9 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3761.JPG Date: May 9, 2022 Notes: near toe of Pad 1 at the slip area Photo ID: DSCN3762.JPG Date: May 9, 2022 Notes: southwest of toe of Pad 1 Photo ID: DSCN3763.JPG Date: May 9, 2022 Notes: slope of Pad 1; looking west Page 10 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3764.JPG Date: May 9, 2022 Notes: looking east Photo ID: DSCN3765.JPG Date: May 9, 2022 Notes: wetland area; looking southeast Photo ID: DSCN3766.JPG Date: May 9, 2022 Notes: wetland area; looking southeast Page 11 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3767.JPG Date: May 9, 2022 Notes: Unnamed Tributary A; looking south Photo ID: DSCN3768.JPG Date: May 9, 2022 Notes: Unnamed Tributary A where the channel abuts the wetland area Photo ID: DSCN3769.JPG Date: May 9, 2022 Notes: Bear Run; looking upstream Page 12 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3770.JPG Date: May 9, 2022 Notes: Bear Run; looking upstream Photo ID: DSCN3771.JPG Date: May 9, 2022 Notes: Bear Run; looking downstream Photo ID: DSCN3772.JPG Date: May 9, 2022 Notes: Bear Run; looking south Page 13 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3773.JPG Date: May 9, 2022 Notes: Pad 1; looking north Photo ID: DSCN3774.JPG Date: May 9, 2022 Notes: access road slip between Pad 1 and Pad 2; looking south Photo ID: DSCN3775.JPG Date: May 9, 2022 Notes: access road slip between Pad 1 and Pad 2; looking south Page 14 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3776.JPG Date: May 9, 2022 Notes: access road slip between Pad 1 and Pad 2; looking north Photo ID: DSCN3777.JPG Date: May 9, 2022 Notes: access road slip between Pad 1 and Pad 2; looking south Photo ID: DSCN3778.JPG Date: May 9, 2022 Notes: access road slip between Pad 1 and Pad 2; looking southeast Page 15 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3779.JPG Date: May 9, 2022 Notes: slip area; looking south Photo ID: DSCN3780.JPG Date: May 9, 2022 Notes: slip area; looking southeast Photo ID: DSCN3781.JPG Date: May 9, 2022 Notes: slip area; looking southeast Page 16 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3782.JPG Date: May 9, 2022 Notes: slip area; looking east Photo ID: DSCN3783.JPG Date: May 9, 2022 Notes: slip area; looking east Photo ID: DSCN3784.JPG Date: May 9, 2022 Notes: slip area; looking east Page 17 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3785.JPG Date: May 9, 2022 Notes: slip area; looking west Photo ID: DSCN3786.JPG Date: May 9, 2022 Notes: slip area; looking north Photo ID: DSCN3787.JPG Date: May 9, 2022 Notes: slip area downstream into Stream C mainstem; looking east Page 18 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3788.JPG Date: May 9, 2022 Notes: slip area downstream into Unnamed Tributary C mainstem; looking northwest Photo ID: DSCN3789.JPG Date: May 9, 2022 Notes: slip area downstream into Unnamed Tributary C mainstem; looking northwest Photo ID: DSCN3790.JPG Date: May 9, 2022 Notes: slip material in Unnamed Tributary C mainstem; looking east Page 19 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3791.JPG Date: May 9, 2022 Notes: slip material in Unnamed Tributary C mainstem Photo ID: DSCN3792.JPG Date: May 9, 2022 Notes: slip material in Unnamed Tributary C mainstem Photo ID: DSCN3793.JPG Date: May 9, 2022 Notes: slip material; looking west Page 20 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3794.JPG Date: May 9, 2022 Notes: slip material in Unnamed Tributary C mainstem Photo ID: DSCN3795.JPG Date: May 9, 2022 Notes: slip material in Unnamed Tributary C mainstem Photo ID: DSCN3796.JPG Date: May 9, 2022 Notes: slip area; looking northwest Page 21 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3797.JPG Date: May 9, 2022 Notes: slip area; looking north Photo ID: DSCN3798.JPG Date: May 9, 2022 Notes: slip material in Unnamed Tributary C mainstem Photo ID: DSCN3799.JPG Date: May 9, 2022 Notes: slip material in Unnamed Tributary C mainstem Page 22 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3800.JPG Date: May 9, 2022 Notes: Unnamed Tributary C mainstem; looking east Photo ID: DSCN3801.JPG Date: May 9, 2022 Notes: Unnamed Tributary C mainstem; looking east Photo ID: DSCN3802.JPG Date: May 9, 2022 Notes: slip material; looking northwest Page 23 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3803.JPG Date: May 9, 2022 Notes: slip material; looking north Photo ID: DSCN3804.JPG Date: May 9, 2022 Notes: slip material; looking north Photo ID: DSCN3805.JPG Date: May 9, 2022 Notes: slip material Page 24 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3806.JPG Date: May 9, 2022 Notes: slip area near Unnamed Tributary C3; looking south Photo ID: DSCN3807.JPG Date: May 9, 2022 Notes: slip area near Unnamed Tributary C3; looking south Photo ID: DSCN3808.JPG Date: May 9, 2022 Notes: top of slip area above Unnamed Tributary C3 area; looking north Page 25 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3809.JPG Date: May 9, 2022 Notes: wetland area formed near slip area near Unnamed Tributary C3; looking south Photo ID: DSCN3810.JPG Date: May 9, 2022 Notes: wetland area formed near slip area near Unnamed Tributary C3; looking south Photo ID: DSCN3811.JPG Date: May 9, 2022 Notes: wetland area formed on top of Pad 2; looking south Page 26 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3812.JPG Date: May 9, 2022 Notes: Pad 2; looking north Photo ID: DSCN3813.JPG Date: May 9, 2022 Notes: western side of Pad 2; looking west Photo ID: DSCN3814.JPG Date: May 9, 2022 Notes: western side of Pad 2; looking west Page 27 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3815.JPG Date: May 9, 2022 Notes: northern end of Pad 2; looking east Photo ID: DSCN3816.JPG Date: May 9, 2022 Notes: Unnamed Tributary G; looking west Photo ID: DSCN3817.JPG Date: May 9, 2022 Notes: Unnamed Tributary G near limits of disturbance Page 28 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3818.JPG Date: May 9, 2022 Notes: box turtle Photo ID: DSCN3819.JPG Date: May 9, 2022 Notes: sediment pond in Unnamed Tributary H; looking north Photo ID: DSCN3820.JPG Date: May 9, 2022 Notes: tadpoles in ponded water on top of Pad 2 Page 29 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3821.JPG Date: May 9, 2022 Notes: rill into sediment pond; looking northwest Photo ID: DSCN3822.JPG Date: May 9, 2022 Notes: sediment pond in Unnamed Tributary H; looking west Photo ID: DSCN3823.JPG Date: May 9, 2022 Notes: sediment pond in Unnamed Tributary H; looking south Page 30 of 31 Attachment 3 - Photographic Log Waco Oil & Gas- Rt. 19 Morris Development UPI#3E22WW046A Photos Taken By: Katelyn Almeter Photo ID: DSCN3824.JPG Date: May 9, 2022 Notes: downstream of sediment pond; looking west Photo ID: DSCN3825.JPG Date: May 9, 2022 Notes: downstream of sediment pond; looking east Photo ID: DSCN3826.JPG Date: May 9, 2022 Notes: downstream section of Unnamed Tributary H; looking west Page 31 of 31