As we have discussed, our Nationwide Permit 39 is pending with the U.S. Army Corps of Engineers, Forth Worth Branch.

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1 April 18, 2017, 2017 Eun Ju Lee, Ph.D., P.E. Municipal Solid Waste Permit Section Waste Permits Division Texas Commission on Environmental Quality Park 35 Circle, Building F (MC-124) Austin, Texas Re: Cactus Reclamation Services Wilmer Processing Facility Dallas County Municipal Solid Waste (MSW) Permit Permit Application Supplemental Submittal Tracking.: ; CN /RN Dear Ms. Lee: As we have discussed, our Nationwide Permit 39 is pending with the U.S. Army Corps of Engineers, Forth Worth Branch. Attached is a revised Part II Attachment I Wetlands and Waters of the US Delineation. As noted in our previous correspondence, the NWP submittal was revised to account for newly enacted rule changes. Attachment I contains an excerpt from the Nationwide Permit. Enclosed please find one original and 2 copies of Attachment I. Should you have any questions or require further clarifications, please do not hesitate to contact me at or fpugsley@team-psc.com. Sincerely, PARKHILL, SMITH & COOPER, INC. cc: Michael Wasserman, Cactus Reclamation Services, LLC By Frank E. Pugsley PE, MOLO Senior Associate \\Data1\Projects\2015\ \CIVIL\PERMIT\Submittals & TCEQ Corresp\ SUPPLEMENTAL 3\ Supplemental Letter.docx

2 Facility Name: Cactus Reclamation Services Processing Facility Permittee/Registrant Name: Cactus Reclamation Services, LLC MSW Authorization #: 2393 Initial Submittal Date: August 26, 2016 Revision Date: April 18, 2017 Texas Commission on Environmental Quality Part I Form New Permit/Registration and Amendment Applications for an MSW Facility 1. Reason for Submittal Initial Submittal tice of Deficiency (NOD) Response 2. Authorization Type Permit Registration 3. Application Type New Major Amendment Major Amendment (Limited Scope) 4. Application Fees Pay by Check Online Payment If paid online, e-pay Confirmation Number: 5. Application URL Is the application submitted for Type I Arid Exempt (AE) and/or Type IV AE facility? If the answer is, provide the URL address of a publicly accessible internet web site where the application and all revisions to that application will be posted Application Publishing Party Responsible for Publishing tice: Applicant Agent in Service Consultant TCEQ-0650, Part I Application (rev. 11/20/13) Form - Page 1 of 10

3 Facility Name: Cactus Reclamation Services Processing Facility MSW Authorization #: 2393 Initial Submittal Date: August 26, 2016 Revision Date: April 18, 2017 Select all that apply Received Pending Ocean Dumping Permits under the Marine Protection Research and Sanctuaries Act Dredge or Fill Permits under the CWA Licenses under the Texas Radiation Control Act Other Environmental Permits Air Permit By Rule & 532 TPDES Stormwater Permit USACE Nationwide Permit Day Hazardous Waste Storage tification t Applicable 12. General Facility Information Facility Name: Cactus Reclamation Services Wilmer Processing Facility Contact Person: Mr. Michael Wasserman, Member MSW Authorization. (if available): 2393 Regulated Entity Reference. (if issued)*: RN Physical or Street Address (if available): 102 Miller Ferry Road City: Wilmer County: Dallas State: Texas Zip Code: (Area Code) Telephone Number: Latitude (Degrees, Minutes Seconds): 32º 33' 47" N Longitude (Degrees, Minutes Seconds): 96º 40' 02" W Benchmark Elevation (above mean sea level): 442ft. Provide a description of the location of the facility with respect to known or easily identifiable landmarks: Located on Miller Ferry Road in the City of Wilmer, Texas, approximately 0.25 miles north of the intersection of Miller Ferry Road, Malloy Bridge Road and Interstate Highway 45 (I-45). Detail access routes from the nearest United States or state highway to the facility: From I-45 northbound, exit 268 to Malloy Bridge Road. Turn left on Malloy Bridge Road, then turn right on Miller Ferry Road. The facility is located 0.25 miles north on the west side of Miller Ferry Road. From I-45 southbound, exit 269 to Malloy Bridge Road. Turn right on Malloy Bridge Road then turn right on Miller Ferry Road. The facility is located 0.25 miles north on the west side of Miller Ferry Road. *If this number has not been issued for the facility, complete a TCEQ Core Data Form (TCEQ-10400) and submit it with this application. List the Facility as the Regulated Entity. TCEQ-0650, Part I Application (rev. 11/20/13) Form - Page 3 of 10

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5 PERMIT APPLICATION CACTUS RECLAMATION SERVICES WILMER PROCESSING FACILITY TYPE V MUNICIPAL SOLID WASTE FACILITY TCEQ MSW PERMIT NO.: 2393 WILMER TEAS DALLAS COUNTY, TEAS PART II ATTACHMENT I WETLANDS AND WATERS OF THE U.S. DELINEATION Applicant: Cactus Reclamation Services, LLC 102 Miller Ferry Road Wilmer, T Prepared August 2016 Revision 1 September 2016 Revision 2 - December 2016 Revision 3 January 2017 Revision 4 February 2017 Revision 5 March Prepared By: Parkhill, Smith and Cooper, Inc th Street Lubbock, Texas TBPE Firm.: 560 PSC Project #

6 Part II Attachment I Rev. 5 March Introduction The following document is an excerpt from the Nationwide Permit 39 Pre-Construction tification submitted to the U.S. Army Corps of Engineers, prepared by Blanton & Associates, Inc. The document demonstrates compliance with the Clean Water Act, demonstrating the delineation of wetlands and Jurisdictional Waters of the U.S. The findings demonstrate that no wetlands exist at the site. PARKHILL, SMITH & COOPER, INC

7 Compliance with the Clean Water Act A desktop analysis of existing background information was conducted to identify potential waters of the U.S., including wetlands, within the project area. The desktop analysis included the review of the 2015 Bing aerial imagery; the U.S. Geological Survey (USGS) 7.5-minute topographic map of Ferris, Texas (USGS 1968); U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey (USDA 2017a, 2017b); USDA Soil Conservation Service (SCS) Soil Survey of Dallas County, Texas (USDA 1980); United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps; and Federal Emergency Management Agency (FEMA) floodplain maps (FEMA 2017). According to the NRCS, two soil mapping units occur within the project area (USDA 2017b). Both the Heiden clay and the Ferris-Heiden complex include well drained blackland clay soils on footslopes and sideslopes (USDA 2017a). hydric soils were identified in the project area. According to the NWI maps, no potential wetlands are present in the project area. These figures can be seen in Attachment E of the full pre-construction notification (PCN) Application. The project area is located within the Upper Trinity watershed (8-digit Hydrologic Unit Code ) (USGS 1968). blue line is noted within the project area and the topography of the project area is relatively flat, with surface water draining toward an unnamed tributary of Tenmile Creek and eventually on to the Trinity River (USGS 1968). In addition, the National Hydrography Dataset did not identify a stream in the project area. A review of the FEMA floodplain maps revealed that the project area is not within a 100-year floodplain (FEMA 2017). A 100-year floodplain (Flood Insurance Rate Map Zones A and AE) associated with Tenmile Creek is located west of the Union Pacific Railroad, downgradient of the project area (FEMA 2017). Blanton and Associates (B&A) biologists conducted a waters of the U.S. delineation and threatened and endangered species habitat assessments on January 26, The determination and delineation of wetlands and other waters of the U.S. was conducted in accordance with the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (USACE 1987) and the March 2010 Great Plains Regional Supplement (Version 2.0) to the 1987 USACE manual (USACE 2010). The field investigations confirmed that the project would not impact wetlands. Completed wetland determination data forms are provided in Appendix A. The ordinary high water mark (OHWM) of potential waters of the U.S. in the project area were mapped using differentially corrected Geographic Information System data from a Global Positioning System unit. An ephemeral tributary to Tenmile Creek exhibited a discontinuous OHWM. As seen in Table 1, a total of 400 linear feet of ephemeral stream were observed within the project area. It should be noted that only one stream was located within the project area and the stream segments are divided up by areas that exhibited an OHWM, listed upstream to downstream. Figure 5 in Attachment E of the full PCN Application also illustrates the areas where an OHWM was located. Attachment B Delineation of Waters of the U.S., Including Wetlands PARKHILL, SMITH & COOPER, INC

8 Table 1. Summary of Potential Waters of the U.S. within the Project Area Feature Type Width of Ordinary High Water Mark (feet) Length within Project Area (feet) Acreage within Project Area Stream 1a Ephemeral Stream 1b Ephemeral Stream 1c Ephemeral Stream 1d Ephemeral Stream 1e Ephemeral Total flowing water was present in the stream bed, but several pooled areas of water were observed. Representative photographs of waters of the U.S. are provided in Attachment C of the full PCN Application. Based on the desktop review and field visit, B&A assumes that the unnamed tributary to Tenmile Creek meets the definition of waters of the U.S. and is jurisdictional under Section 404 of the CWA. A preliminary jurisdictional determination form is provided in Appendix B. References Environmental Laboratory Corps of Engineers Wetlands Delineation Manual, Technical Report Y 87 1, U.S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, Mississippi, USA. Federal Emergency Management Agency (FEMA) FEMA Flood Map Service Center. Available at < >. Accessed January Flood Insurance Rate Map 48113C0660K. U.S. Army Corps of Engineers (USACE) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0), ed. J.S. Wakeley, R.W. Lichvar, and C.V. ble. ERDC/EL TR-10-1, U.S. Army Engineer Research and Development Center, Vicksburg, Mississippi, USA. United States Department of Agriculture (USDA) Soil Conservation Service (SCS) Soil Survey of Dallas County, Texas. USDA NRCS in cooperation with Texas Agricultural Experiment Station. United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS). 2017a. Name Search. Available at < >. Accessed January United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS). 2017b. Web Soil Survey. Available at < >. Accessed January United States Geological Survey (USGS) (Photorevised 1968). 7.5-minute series Topographic Map, Ferris, Texas. USGS. Denver, Colorado, USA. Attachment B Delineation of Waters of the U.S., Including Wetlands PARKHILL, SMITH & COOPER, INC

9 APPENDI A Wetland Determination Data Forms Attachment B Delineation of Waters of the U.S., Including Wetlands PARKHILL, SMITH & COOPER, INC

10 Project/Site: Cactus Reclamation Services Facility City/County: Wilmer/Dallas County Sampling Date: 26-Jan-17 Applicant/Owner: Cactus Reclamation Services, LLC State: Texas Sampling Point: OP-01 Investigator(s): B. Doggett, G. Casares Section, Township, Range: N/A Landform (hillslope, terrace, etc.): Riparian Corridor Local relief (concave, convex, none): none Slope (%) 0-2 Subregion (LRR): J Lat: N Long: W Datum: NAD 1983 Soil Map Unit Name: Heiden clay, 2 to 5 percent slopes, eroded NWI Classification: N/A Are climatic/hydrologic conditions of the site typical for this time of the year? (If no, explain in remarks) Are vegetation WETLAND DETERMINATION DATA FORM Great Plains Region, soil, or hydrology significantly disturbed? Are rmal Circumstances present? Are vegetation, soil, or hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS Attach site map showing sampling point locations, transects, important features, etc Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Is the Sampled Area within a Wetland? Remarks: Does not meet the three criteria for a wetland. Wooded area east of tributary. VEGETATION -- Use scientific names of plants. Absolute % Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30-ft R ) Cover Species? Status Number of Dominant Species Ulmus americana Celtis laevigata FAC UPL That Are OBL, FACW, or FAC (excluding FAC ): 3 (A) Total Number of Dominant Species Across All Strata: 6 (B) Sapling/Shrub Stratum 1. Ulmus americana 2. Celtis laevigata = Total Cover Percent of Dominant Species 20% of total cover: 11 That Are OBL, FACW, or FAC: 50% (A/B) 3. OBL species x 1 = 4. FACW species x 2 = 5. FAC species x 3 = 5 = Total Cover FACU species x 4 = 50% of total cover: % of total cover: 1 UPL species x 5 = Herb Stratum (Plot size: 5-ft R ) Column Totals (A) 1. Ambrosia trifida 4 FAC Prevalence Index = B/A = 2. Rubus trivialis 1 FACU Hydrophytic Vegetation Indicators: Rapid Test for Hydrophytic Vegetation Woody Vine Stratum % of total cover: (Plot size: 15-ft R ) 50% of total cover: (Plot size: 30-ft R ) 50% of total cover: % Bare Ground in Herb Stratum 75 Remarks: Does not meet the criteria for hydrophytic vegetation. Bare ground is dead leaf litter = Total Cover % of total cover: = Total Cover 20% of total cover: FAC UPL 0 Prevalence Index Worksheet Total % Cover of: 2 - Dominance Test is >50% 3 - Prevalence Index is Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet) 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Hydrophytic Vegetation Present Multiply by: (B) Problematic Hydrophytic Vegetation 1 (Explain) PARKHILL, SMITH & COOPER, INC US Army Corps of Engineers Great Plains -- Version 2.0

11 SOIL Sampling Point: OP-01 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (Inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Y 4/2 100 Silty Clay Remarks 1 Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) (LRR F) 1 cm Muck (A9) (LRR F, G, H) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) 2.5 cm Mucky Peat or Peat (S2) (LRR G, H) 5 cm Mucky Peat or Peat (S3) (LRR F) Restrictive Layer (if present): Type: Depth (inches): Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) High Plains Depressions (F16) (MLRA 72 & 73 of LRR H) 2 Location: PL = Pore Lining, M = Matrix Indicators for Problematic Hydric Soils 3 : 1 cm Muck (A9) (LRR I, J) Coast Prairie Redox (A16) (LRR F, G, H) Dark Surface (S7) (LRR G) High Plains Depressions (F16) (LRR H outside of MLRA 72 & 73) Reduced Vertic (F18) Red Parent Material (TF2) Very Shallow Dark Surface (TF12) Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Remarks: Does not meet the criteria for hydric soil. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one required; check all that apply) Secondary Indicators (minimum of two required) Surface Water (A1) Salt Crust (B11) Surface Soil Cracks (B6) High Water Table (A2) Aquatic Invertebrates (B13) Sparsely Vegetated Concave Surface (B8) Saturation (A3) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) Water Marks (B1) Dry-Season Water Table (C2) Oxidized Rhizospheres on Living Roots (C3) Sediment Deposits (B2) Oxidized Rhizospheres on Living Roots (where tilled) Drift Deposits (B3) (C3) (where not tilled) Crayfish Burrows (C8) Algal Mat or Crust (B4) Presence of Reduced Iron (C4) Saturation Visible on Aerial Imagery (C9) Iron Deposits (B5) Thin Muck Surface (C7) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) FAC-Neutral Test (D5) Water-Stained Leaves (B9) Frost-Heave Hummocks (D7) (LRR F) Field Observations: Surface Water Present? Water Table Present? Saturation Present? (includes capillary fringe) Depth (inches): Depth (inches): Depth (inches): Wetland Hydrology Present? Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Does not meet the criteria for wetland hydrology. PARKHILL, SMITH & COOPER, INC US Army Corps of Engineers Great Plains -- Version 2.0

12 Project/Site: Cactus Reclamation Services Facility City/County: Wilmer/Dallas County Sampling Date: 26-Jan-17 Applicant/Owner: Cactus Reclamation Services, LLC State: Texas Sampling Point: OP-02 Investigator(s): B. Doggett, G. Casares Section, Township, Range: N/A Landform (hillslope, terrace, etc.): Riparian Corridor Local relief (concave, convex, none): none Slope (%) 0-1 Subregion (LRR): J Lat: N Long: W Datum: NAD 1983 Soil Map Unit Name: Heiden clay, 2 to 5 percent slopes, eroded NWI Classification: N/A Are climatic/hydrologic conditions of the site typical for this time of the year? (If no, explain in remarks) Are vegetation WETLAND DETERMINATION DATA FORM Great Plains Region, soil, or hydrology significantly disturbed? Are rmal Circumstances present? Are vegetation, soil, or hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS Attach site map showing sampling point locations, transects, important features, etc Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Is the Sampled Area within a Wetland? Remarks: Does not meet the three criteria for a wetland. Wooded area in the sheet flow, between ordinary high water mark observations. VEGETATION -- Use scientific names of plants. Absolute % Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30-ft R ) Cover Species? Status Number of Dominant Species 1. Ulmus crassifolia 30 FAC That Are OBL, FACW, or FAC 2. (excluding FAC ): 2 (A) Total Number of Dominant Species Across All Strata: 3 (B) Sapling/Shrub Stratum 1. Ulmus crassifolia 2. Celtis laevigata = Total Cover Percent of Dominant Species 20% of total cover: 6 That Are OBL, FACW, or FAC: 67% (A/B) 3. OBL species x 1 = 4. FACW species x 2 = 5. FAC species x 3 = 11 = Total Cover FACU species x 4 = 50% of total cover: % of total cover: 2.2 UPL species x 5 = Herb Stratum (Plot size: 5-ft R ) Column Totals (A) 1. Elymus canadensis 35 FACU Prevalence Index = B/A = 2. Hydrophytic Vegetation Indicators: Rapid Test for Hydrophytic Vegetation Woody Vine Stratum Remarks: 50% of total cover: (Plot size: 15-ft R ) 50% of total cover: (Plot size: 30-ft R ) 50% of total cover: % Bare Ground in Herb Stratum 60 Meets the criteria for hydrophytic vegetation = Total Cover % of total cover: = Total Cover 20% of total cover: FAC UPL 0 Prevalence Index Worksheet Total % Cover of: 2 - Dominance Test is >50% 3 - Prevalence Index is Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet) 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Hydrophytic Vegetation Present Multiply by: (B) Problematic Hydrophytic Vegetation 1 (Explain) PARKHILL, SMITH & COOPER, INC US Army Corps of Engineers Great Plains -- Version 2.0

13 SOIL Sampling Point: OP-02 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (Inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture YR 4/2 100 Silty Clay Remarks 1 Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) (LRR F) 1 cm Muck (A9) (LRR F, G, H) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) 2.5 cm Mucky Peat or Peat (S2) (LRR G, H) 5 cm Mucky Peat or Peat (S3) (LRR F) Restrictive Layer (if present): Type: Depth (inches): Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) High Plains Depressions (F16) (MLRA 72 & 73 of LRR H) 2 Location: PL = Pore Lining, M = Matrix Indicators for Problematic Hydric Soils 3 : 1 cm Muck (A9) (LRR I, J) Coast Prairie Redox (A16) (LRR F, G, H) Dark Surface (S7) (LRR G) High Plains Depressions (F16) (LRR H outside of MLRA 72 & 73) Reduced Vertic (F18) Red Parent Material (TF2) Very Shallow Dark Surface (TF12) Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Remarks: Does not meet the criteria for hydric soil. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one required; check all that apply) Secondary Indicators (minimum of two required) Surface Water (A1) Salt Crust (B11) Surface Soil Cracks (B6) High Water Table (A2) Aquatic Invertebrates (B13) Sparsely Vegetated Concave Surface (B8) Saturation (A3) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) Water Marks (B1) Dry-Season Water Table (C2) Oxidized Rhizospheres on Living Roots (C3) Sediment Deposits (B2) Oxidized Rhizospheres on Living Roots (where tilled) Drift Deposits (B3) (C3) (where not tilled) Crayfish Burrows (C8) Algal Mat or Crust (B4) Presence of Reduced Iron (C4) Saturation Visible on Aerial Imagery (C9) Iron Deposits (B5) Thin Muck Surface (C7) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) FAC-Neutral Test (D5) Water-Stained Leaves (B9) Frost-Heave Hummocks (D7) (LRR F) Field Observations: Surface Water Present? Water Table Present? Saturation Present? (includes capillary fringe) Depth (inches): Depth (inches): Depth (inches): Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 13 inches 13 inches Wetland Hydrology Present? Remarks: Does not meet the criteria for wetland hydrology. PARKHILL, SMITH & COOPER, INC US Army Corps of Engineers Great Plains -- Version 2.0

14 APPENDI B Preliminary Jurisdictional Determination Forms Attachment B Delineation of Waters of the U.S., Including Wetlands PARKHILL, SMITH & COOPER, INC

15 To: Appendix 1 - REQUEST FOR CORPS JURISDICTIONAL DETERMINATION (JD) USACE FORT WORTH DISTRICT REGULATORY DIVISION Cactus Reclamation Services I am requesting a JD on property located at: Miller Ferry Road (Street Address) City/Township/Parish: Wilmer County: Dallas State: Texas Acreage of Parcel/Review Area for JD: ~9 acres Section: N/A Township: N/A Range: N/A Latitude (decimal degrees): NLongitude (decimal degrees): W (For linear projects, please include the center point of the proposed alignment.) Please attach a survey/plat map and vicinity map identifying location and review area for the JD. I currently own this property. I plan to purchase this property. I am an agent/consultant acting on behalf of the requestor. Other (please explain):. Reason for request: (check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order to obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: Type of determination being requested: I am requesting an approved JD. I am requesting a preliminary JD. I am requesting a no permit required letter as I believe my proposed activity is not regulated. I am unclear as to which JD I would like to request and require additional information to inform my decision. By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property rights to request a JD on the subject property. *Signature: Date: January and March 2017 Typed or printed name: Bonnie Doggett Company name: Blanton & Associates, Inc. Address: 5 Lakeway Centre Court, Suite 200 Austin, T Daytime phone no.: address: Bonnie.Doggett@blantonassociates.com *Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Program of the U.S. Army Corps of Engineers; Final Rule for 33 CFR Parts Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. PARKHILL, SMITH & COOPER, INC

16 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM Cactus Reclamation Services BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: March 8, 2017 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Cactus Reclamation Services, LLC Attn: Michael Wasserman 4960 Singleton Blvd Dallas, T C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Fort Worth District (SWF ) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: Texas County/parish/borough: Dallas City: Wilmer Center coordinates of site (lat/long in degree decimal format): Lat.: N Long.: W Universal Transverse Mercator: Zone 14N Name of nearest waterbody: Tenmile Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: January and March 2017 Field Determination. Date(s): January 26, 2017 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH MAY BE SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non-wetland waters) Geographic authority to which the aquatic resource may be subject (i.e., Section 404 or Section 10/404) N W 400 linear feet non-wetland waters Section 404 PARKHILL, SMITH & COOPER, INC

17 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring preconstruction notification (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant s acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there may be waters of the U.S. and/or that there may be navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: PARKHILL, SMITH & COOPER, INC

18 PARKHILL, SMITH & COOPER, INC

19 Attachment C Color Photographs Attachment C Color Photographs PARKHILL, SMITH & COOPER, INC

20 Photo 1: Ordinary high water mark (OHWM) in the ephemeral dry stream, looking upstream. Photo 2: Ephemeral stream in a small area of ponded water, looking upstream. Attachment C Color Photographs PARKHILL, SMITH & COOPER, INC

21 Photo 3: OHWM in the ephemeral dry stream, looking upstream. Photo 4: Location of OP-02. te no discernable OHWM. Attachment C Color Photographs PARKHILL, SMITH & COOPER, INC

22 Photo 5: Area where there is no discernable OHWM and previously dumped fill. Photo 6: Location of OP-01. Attachment C Color Photographs PARKHILL, SMITH & COOPER, INC

23 Photo 7: Existing road on northern side of property, facing northeast. Photo 8: View of grasslands on both side of the stream corridor, facing southeast. Attachment C Color Photographs PARKHILL, SMITH & COOPER, INC