20180198 Ver 3_Stream Appeal Request T4-Reach 3_20191015

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WILDLANDS
ENGINEERING
October 15, 2019
Mr. Mac Haupt
Division of Water Resources
401 & Buffer Permitting Branch
512 North Salisbury Street
Raleigh, NC 27604
RE: Reclassification of T4 Reach 3
Sassarixa Swamp Mitigation Site — Option 1 (DMS ID #: 100040)
Neuse 03020201, Johnston County, NC
Dear Mr. Haupt,
Sassarixa Swamp Mitigation Site is a NC Division of Mitigation Services (NCDMS) stream and buffer
mitigation project, located in Johnston County off of Old Olive Road in Smithfield, NC. A Site Viability for
Buffer Mitigation and Nutrient Offset letter was issued by the Division of Water Resources (NCDWR) for
the site on May 21, 2018 and an On -Site Stream Origin Determination for Applicability to the Neuse
Riparian Buffer Rules on April 4, 2018. During the 2018 NCDWR site visit, T4 Reach 3 was determined to
be a linear wetland, however the preliminary JD that was issued on March 22, 2019 for the project by the
US Army Corps of Engineers (USACE) classified T4 as a perennial stream.
On behalf of NCDMS, Wildlands Engineering, Inc is requesting T4 be re -assessed for buffer viability based
on the USACE JD results.
If you have any questions, please contact me at 919-851-9986 x 106 or via email at
[e-mail]
Sincerely,
4 .
Angela Allen, PE, Project Manager
Enclosures:
1 Copy of On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules and Water
Quality Standards (15A NCAC 02B. 0233)
1 Copy of Site Viability for Buffer Mitigation and Nutrient Offset and Buffer- Sassarixa Swamp Site 2-162
Olive Rd, Smithfield, NC Neuse 03020201 (not in Falls WS)
1 Copy of Figure 1. Reclassification of T4 Reach 3
Wildlands Engineering, Inc. • phone [phone] • 312 W Millbrook Rd, Suite 225 • Raleigh, NC 27609

Water Resources
ENWRONfrENrAL QUALITY
April 4, 2018
ROY COOPER
Governor
MICHAEL 5. REGAIN
Secretary
LINDA CULPEPPER
Interim Director
Wildlands Engineering, Inc DWR Project #18-0198
Attention: John Hutton Johnston County
312 West Millbrook Rd, Suite 225
Raleigh, NC 27609
Subject: On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules
and Water Quality Standards (15A NCAC 028 .0233)
Subject Property/ Project Name: Sa55arixa Swamp Full Delivery Site
Address/Location: 2-162 Old Olive Rd, Smithfield, NC (35.473294,-78.437318)
Stream(s) Evaluated: UTs to Sassarixa Creek & Black Creek
Determination Date: February 23, 2018
DWR Staff: Katie Merritt
Determination Type:
Buffer: Stream:
® Neuse (15A NCAC 02B .0233) ® Intermittent/Perennial determination
❑ Tar -Pamlico (15A NCAC 02B .0259) jwhere local buffer ordinances apply)
❑ Catawba (15A NCAC 02B .0243)
❑ Jordan (15A NCAC 02B .0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 02B .0250)
❑ Goose Creek (15A NCAC 02B .0605-.0608)
At the request of Wildlands Engineering, Inc, staff from the Division of Water Resources
(DWR) conducted site visits on multiple parcels located near the location indicated
above, for purposes of determining applicability of the Neuse River Riparian Buffer Rules
& Water Quality Standards. See the following table and written explanation regarding
the stream determinations.
State ofhorth Carolina I Environmental Quality Water Resources
1617 Mail Service Center I Raleigh. North Carolina 27699.1611
919 807 6300

Wildlands Engineering, Inc
Neuse River Riparian Buffer/Stream Determination
❑WR Project #18-0198
Page 2 of 4
Feature ID'
Feature Type'
Not
Subject
Start@
Stop@
Soil
USGS
Subject
Survey
Topo
T1A
Stream (1)
x
Flag (see
Confluence
map)
with T1
T1
Stream (1)
x
Culvert
Confluence
x
x
with
5assarixa
Creek
Sassarixa
Stream (P)
x
Throughout
Throughout
x
x
Creek
T2 Pond
Pond (not in -line)
x
See map
x
T2
Stream (i)
x
Tree line
Confluence
x
with
5assarixa
Creek
T3 (R1)
Ditch
x
See map
T3 (R2)
x
T3 (R2)
Ephemeral
x
See map
T3 DWR Flag
x
T3 (R3)
Stream (1)
x
Flag (see
Confluence
x
map)
with
5assarixa
Creek
T4 (RI)
Stream (1)
x
Old Olive Rd
Wetland
x
(see map)
T4 (R2)
Stream (1)
x
Below
Fence line
x
wetland (see
(see map)
map)
T4 (R3)
Wetland}
X
Fence line
Throughout
x
{inconsistent
channeliration and
pondingj
T5
Stream (1)
x
Old Olive Rd
Throughout
x
x
T5A
Stream (1)
x
Field edge
Wetland
(see map)
(see map)
T513
Stream (1)
x
Below Pond
Above Pond
x
A
B
T5C
Headwater
x
Field Edge
Confluence
Wetlands
(see map)
w/ T58
Pond A
Not assessed/off
n/a
n/a
property
Pond B
Pond (in -line)
x
Throughout
x
x
T6
Stream (1)
x
Throughout
xPX
1 See maps provided with letter showing labeled features
2 Ephemeral (E), Intermittent (1), Perennial (P)
s Wetland delineation to be confirmed by the USAGE

Wildlands Engineering, Inc
Neuse River Riparian Buffer/Stream Determination
❑WR Project #18-0198
Page 3 of 4
The ❑WR has determined that some of the streams listed above have been located on the most
recentty published NRCS Soil Survey of Johnston County, North Carolina and/or the most recent
copy of the USCS Topographic map at a 1:24,000 scale and were evaluated for applicability to
the Neuse Riparian Buffer Rule.
Maps are provided with this letter from Wildlands Engineering, Inc and were initialed by Katie
Merritt on April 4, 2018. Each feature that is checked "Not Subject" has been determined to
not be at least intermittent or not present an the property or not depicted on the required
maps. Strearn5 that are checked "Subject" have been located on the property and possess
characteristics that qualify them to be at least intermittent streams. There may be other
streams or features located on the property that do not appear an the maps referenced above
but may be considered jurisdictional according to the US Army Corps of Engineers and subject
to the Clean Water Act.
This on -site determination shall expire five (5) years from the date of this letter. Landowners
or affected parties that dispute a determination made by the DWR may request a
determination by the Director. An appeal request trust be made within sixty (60) calendar
days of the date of this letter to the Director in writing.
If sending via US Postal Service:
c/o Karen Higgins
❑WR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27599-1617
If sending via delivery service (UPS, FedFx,
etc.):
% Karen Higgins
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within
sixty (bo) days.
This determination only addresses the applicability to the buffer rules and does not
approve any activity within the buffers. The project may require a Section 404/401
Permit for the proposed activity. Any inquiries regarding applicability to the Clean
Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory
Field Office at (919)-554-4884.

Wildiands Engineering, Inc
Neuse River Riparian Buffer/Stream Determination
DWR Project #18-9198
Page 4 of 4
If you have questions regard ingthis determination, please feel free to contact Katie Merritt at
[phone].
Sincerely,
(Caren Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: USGS Topographic Map, Johnston County Soil Survey Map, and Figure 5A
cc: Mary & Amanda Olive, 4000 Black Creek Rd, Smithfield, NC 27577
Hunter Olive, 395E Black Creek Rd, Smithfield, NC 27577
David & Tami Thompson, 3583 Packing Plant Rd, Smithfield, NC 27577
Tami Thompson & June Jones Olive Revocable Trust, 3595 Packing Plant Rd, Smithfield,
NC 27577
Matthew Keen, 1121 Boyette Rd, Four Oaks, NC 27524
401 & Buffer Permitting Branch file
RRO DWR file
Filename: 1801985assa rixa M itSite(lohnston )_Neu se_Strea mDet.docx

1994 NRCS Sails Map
Sassarixa Swamp Mitigation Site
W I L D L A N D 5 40D 804 1,800 Feet Neuse River Basin 03020201
ENGINEERING Johnston County, NC
t)VV Q #- a- )� F- D P K�

Legei
Start Channel Here
+r vim- C
-wry"•- _ �- .`� r� . "r. y
� 25' Internal /.` ; , x � t t _ �� 7 ; � � _ .'i � � ► i_ �
Projec
20 M .' t . -
-ti r'R Probably ]urisd • ~ r-. 1 -
Appro
$'- y1 !r t, 25 Internal �' se Headwater , • �— f
yl n rk +] Culrert Crowing a 1
-fy ] ��+ + •:'cam Guidance
t
] 4 Chn ra r- to kestoraLon 7
�+ ,�• Existing Wetland z -
`� •� . l r Not For Credit y _ %
. rev ,•� �r *' �_ �' .
25' Internal
Measur ubsurf
lto t Culvert Crossing
r _ Bottom 600 LF 1 h +, r ,
■ Not For Credit i +, i
23'Internpi -
rre='�.'. Culvert Croidng
y
25'Internal _ -
Culvert Crossing
kWILDLANDS J) Y f`.r# ( �~ ��
ENGINEERING ork � �q �o
0 300 600 Feet
L —i_ I I I t
Figur
Sa!

Worm Resources
rNL I{:(►NM ENl AL Qt)A & iY
May 21, 2018
John Hutton
Wildlands Engineering, Inc.
312 West Millbrook Rd, Suite 225
Raleigh, NC 27609
(via electronic mail: 'buttonmwildlandsen .com )
ROY COOPER
MICHAEL S. R EO AN
LINDA CULPEPPER
DWR ID# 2018-0198
Johnston County
Re: Site Viability for Buffer Mitigation and Nutrient Offset & Buffer- Sassarixa Swamp Site
2-162 Olive Rd, Smithfield, NC
Neuse 03020201 (not in Falls WS)
Dear Mr. Hutton,
On February 9, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Wildlands Engineering, Inc. (WEI) for an onsite mitigation determination near the above -
referenced site (Site). The Site is located in the Neuse River Basin within the 8-digit Hydrologic
Unit Code 03020201. The Site is being proposed as part of a full -delivery stream and riparian
buffer mitigation project for the Division of Mitigation Services (RFP #16-0072779). Members of
the Interagency Review Team (IRT) and Division of Mitigation Services were also present
onsite. At your request, on February 23, 2018, Ms. Merritt performed an onsite assessment of
riparian land uses adjacent to streams onsite, which are shown on the attached map labeled "Figure
6A,%
Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian
areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to
200' from each existing or proposed feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
=5ubiect
Riparian land uses
Buffer
Nutrient
Mitigation Tyne Determination Win doarian
areas
to Buffer
0jacent to proposed
Credit
Offset Credit
Rule
Feature (0-2001
Viable
Viable at
2,273
ibs acre
ilA
Stream
No
Forested pasture
Yes°
Yes [non-
Enhancement Site per 15A NCAC 02B .0295 (o)
@ ❑WR flag
actively grazed by
forested
(6)
cattle
areas ordy)
Ti
Stream
Yes
Forested &. Non-
Yesd
Yes (non-
Fields - Restoration Site per 15A NCAC 02B
forested pasture
forested
.0295 (n)
actively grazed by
areas only)
cattle
Forested Areas - Enhancement Site per 15A
NCAC 026 .0295 Rol (6)
Sassarixa
Stream
Yes
Forested pasture
Yes'
No
Forested Areas - Enhancement Site per 15A
Creek
grazed by cattle
NCAC 02B .0295 joj (6)
(R2-R3)
No cattle observed in riparian areas below R-3
(see map)
State of North Carolina I Fnvironmentai Quality Water Rcsoar"N
1617 Mail Service Center Raleigh_ North Carolina 21699.1617
419 807 6300

Sassarixa Swamp Site
Wildlands Engineering, Inc
May 21, 2018
Feature
Classification
'Subiect
Riparian Land uses
Buffer
2Nutrient
Mitigation Type Determination w/in riparian
to Buffer
areas
adjacent to proposed
Credit
Offset Credit
Rule
Feature 0-200'
Viable
Viable at
2,273
Ibs acre
T2 Pond
Pond (not in
No
Agriculture
No
No
N/A
line)
T2
Stream
Yes
(starts fry the
Yes°
No
Forested Areas - Enhancement Site per 15A
(inside
wovdine)
NCAC 02B .0295 (o) (6)
woodline)
Forested pasture
grazed by cattle
T3 (RI)
Ditch
No
Left Bank - Hay crop
No
Yes
Restoration Site per 15A NCAC 02B .0295 (n)
fields
Right Bank -Non -
forested pasture
grazed by cattle
T3 (112)
Ephemeral
No
Left Bank- hay crop
*Yes3•5
Yes (non-
Forested Areas - Preservation Site per 15A
fields and forest
forested
NCAC 023.0295 (o)(7)
Right Bank -a narrow
areas only)
fringe of forested
Fields - Restoration Site per 15A NCAC 02B
areas; fields are
.0295 (o)(7)
actively grazed by
cattle.
*Must meet additional requirements under
.0295 (o)(7) to be vioble for buffer mitigotion
T3 (113)
Stream
Yes
Forested, no cattle
Yes-'
No
Preservation Site per 15A NCAC 02B .0295
present
(o)(5)
T4(RI)
Stream
Yes
Partial canopy
Yes4
Yes
Buffer Mitigation - Enhancement Site per 15A
forested pasture
NCAC 02B .0295 (o) (6)
actively grazed by
cattle
Nutrient Offset - Enhancement Site per 15A
NCAC 0 2 B .0295 (n) (planting required)
T4 (112)
Strearn
Yes
Partial canopy
Yes°
Yes
Buffer Mitigation - Enhancement Site per 15A
forested pasture
NCAC 02B .0295 (o) (6)
actively grazed by
cattle
Nutrient Offset- Enhancement Site per 15A
NCAC 02B .0295 (n) (planting required)
T4 (R3)
Wetland/
No
Forested
No
No
N/A
Inconsistent
channel ization
T5 (R1)
Stream
Yes
Full -canopy forested
Yes"
No
Enhancement Site per 15A NCAC 02B .0295 (a)
pasture actively
(6)
grazed by cattle
TS
Stream
Yes
Right Bank- Forested
Yes'
Yes {field
Forested Areas - Preservation Site per 15A
(R2-R3)
Left Sank- mostly
only)
NCAC 02B (o)(5)
forested with a crop
field
fields - Restoration Site per 15A NCAC 026
.0295 (n)
1 .)

Sassarixa Swamp Site
Ntildlands Engineering, Inc
May 21, 2018
Feature
Classification
15ubied
Riparian hand uses
Buffer
2Nutrient
Mitigation Type_ Determination w/in riparian
adjacent to proposed
areas
to Buffer
Credit
Offset Credit
Rule
Feature 10-2001
Viable
Viable at
2,273
Ihs acre
T5A
Stream
No
Full -canopy forested
Yes°
Na
Fnhancement5ite per 15A NCAC 026 .0295 (o)
pasture actively
(6y
grazed by cattle with
adjacent ag fields
T5A
Wetland
No
Full -canopy forested
(see
No
Mitigation ion Note:
Wetland
(imports from
pasture actively
note)
Proposing stream restoration to reconnect T5A
(see map)
Cottle in TS
grazed by cattle
stream throughout. If stream restoration is
stream
approved by the IRTand a stream channel is
resulted in a
constructed, then the new riparian areas will
wetland]
be viable as an Enhancement Site per 15A
NCAC 028.0295 (o) (6)
T5B
Stream
Yes
Full -canopy forested
Yes°
No
Enhancement Site per 15A NCAC 02B .0295 (o)
pasture actively
(6)
grazed by cattle
T5C
Headwater
No
Full canopy forested
"Yes
No
Fields - Restoration Site per 15A NCAC 02B
Stream/
pasture surrounded by
(fields
.0295 (02)
Wetland
agriculture fields
only)
complex
"Must be approved by the 1RT as a Coastal
Headwater Stream Mitigation Site to be viable
for credit.
T6
Stream
Yes
Combination of
Yes°
Yes (field
Fields - Restoration Site per 15A NCAC 02B
forested pasture and
only)
.0295 (n)
agriculture fields
Forested Areas - Enhancement Site per 15A
NCAC 028.0295 (o) (6)
'Subjectivity calls for the features were determined by DM R in correspondence dated April 5, 2018 and April 6. 2018
using the 1:24.000 scale quadrangle topographic neap prepared by USGS and the most recent printed version of the soil
survey map prepared by the MRCS.
z NC Division of Water Resources - Methodology and Calculationsfor determining Nutrient Reductions associated with
Riparian Buffer Establishment
'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total
area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation only site
to comply with this rule.
'The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B
.0295(o)(6).
'The area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total area of
buffer mitigation per 15A NCAC 02B .0295 (o)(7),
Maps that are attached to this letter were provided by VVEI and were initialed by Ms. Merritt on May
21, 2018. This letter should be provided in all stream, wetland, buffer and/or nutrient offset
mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DYVR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
! 4

Sassarixa Swamp Site
Wild -lands Engineering, Inc
May 21, 2018
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on May 21, 2020 or upon the submittal of an As -Built
Report to the ❑WR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/kni
Attachments: Figure bA
cc; File Copy (Katie Merritt)
DMS — Jeff Schaffer (via electronic mail)
d 4

Legei
ma
�. 1 25• Interna[
Ford Crossing : 411
0,
:.rr ,� :",� . _ _ „. - r t,; >� � � � ,•�, � :rig Projel
Appro
2,5' Interna!
- •_ �J �4 .. �,, . �; r a •� • Culvert Crossing
h r, �_ .:- • zl ! ram!
,rya. � ~ J 4� .r. • � � � / ,� � Yti �.,�
ti 4b. -
Existing Wetland a
. r'w+ • Not For Credit a' Jt t
asur u�G,. 25' Interna! s _Q. 111
He� 4
Poo r r a Culvert Crossing
Battam DO LF
r r Hot For Credit
25,
Culvert Crossing -
a _ _ _ --- - •;+ter Rr�_ � 7�� � rL=y.� ��• �Y%r'S ,?•
jai
25'InternM�`_►� r .�,i. ..'Sri. ! •�.
CWYM Crossing y:'i ? '. M r" i �l�r { rt 7 4, tt L.
r
Figur
�WILllLANUS j Fl art
FNG�NE-2 rrjj � 3ff� fi�O Feet
ly�� j+lljjI' J � � � �� ff
(sire a 6kJi rrr--)Ir-6) `�

r
c
i
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n u
(.. . � � RIB .�:. •` �4'� '�' �
__ '1 ��- :=:'s1s .. - ten.-"d :.. ••ti V' - :,k+ _ -:. T. �y'..'w• 4
- � �� °ram:^ • . �, � :d1:
T4 Reach 3 (6/21/18)• "'� ; ;�_ - , "_; �.` .�`;�,'. _ �;..`
- v4
` T4 Reach�3 (6/21/18)� r �
Q x
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miff
S
.• 1. .:y,• `i
'OC
- �� r-- ;, .. 'x. f .. � x - ,�la. �6.'•'.. ter•-?
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? 5 J
T4 Reach 3 (6/21/18) •i '' '; �' ' ' T4 Reach
x �• -
A- foF
I -• t.
i
t jv t
MIKE
~*T4,R_each 3 (6/r21/18)r
_
lip
2017 Aerial Imagery==