20190846 Ver 1_Viability Assessment Request/Stream Determination ltr_20191125

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Water Resources
ENVIRONMENTAL QUALITY
BUFFER MITIGATION &/OR NUTRIENT OFFSET
SITE VIABILTV ASSESSMENT REQUEST
(Form must be complete and all attachments included to process request)
❑ BUFFER MITIGATION ❑ NUTRIENT OFFSET ❑X BOTH
Name
Brad Breslow
Company
Resource Environmental Solutions
Address
302 Jefferson Street Suite 110 Raleigh, NC 27605
Phone
919-209-1062
Email
[e-mail]
Do you have the right to access the property?
© YES ❑ NO
PARCEL/SITE DETAILS
Proposed Site Name
Cairo Mitigation Project
Address
6300 Johnson Pond Road
City
Fuquay-Varina
County: Wake
River Basin
Neuse
8-Digit HUC: 03020201
Sub -watershed (if in
Jordan Lake WSJ
NA
Will this be part of a stream or wetland project/bank?
X❑ YES ❑ NO
Has anyone from DWR or the USACE visited the site in the past 12 months? ❑x YES ❑ NO
Has a riparian buffer or stream call been performed by Division of Water Resources staff on the
subject site? ❑x YES ❑ NO
Is the project receiving any state or federal grant money? ❑ YES ❑x NO
Are there any State, Local or Federal Permits associated with the subject site? ❑ YES ❑x NO
PARCEL/SITE ATTACHMENTS (provide items 1-4 as a separate attachment, not to exceed 10 pages)
1. Detailed description of the site including existing site conditions and Aerial Site Map;
2. Include a timeline of landuses and landuse changes from 1990-Present;
3. Most recent 1:24,000 scale USGS Topo Map showing the site; AND
4. Most recent published NRCS county soil survey showing site; SEND COMPLETE REQUESTS TO:
NCDWR - 401 & Buffer Permitting
Branch
Attn: Katie Merritt
1617 Mail Service Center
Raleigh, NC 27699-1617
or by email to Katie.Merritt(i ,ncdenr.gov

1 LAND OWNER INFORMATION
(la) Name(s) on Recorded Deed
Wayne Massengill
(lb) Mailing Address
2105 N Main Street
Fu ua -Varina, NC 27577
lc Telephone Number
919-614-2909
(1d) Email
2 INTRODUCTION
2.1 Project Description
The Cairo Mitigation Project (Project) is located in Wake County, approximately four miles northeast of
Fuquay-Varina, NC within the Middle Creek Targeted Local Watershed (TLW-03020201120010). The
Project consists of two parcels totaling 50.91 acres of conservation easement. The Project has a total
drainage area of 4,269 acres and is located within a semi urban area, and land use within the project area is
currently comprised primarily of agricultural and forested land uses.
The Project presents the opportunity to implement a unique mitigation opportunity: To coexist a stream,
wetland, and buffer mitigation site with an urban development project. The Project will provide critical
ecological uplift to aquatic and riparian corridors that would otherwise be even further degraded by the
construction and establishment of a housing development.
The Project will involve stream and buffer restoration, enhancement, and preservation of a network of
tributaries to Terrible Creek (Reach UT1, UT2, UT3, UT4, UT5, and UT6) along with Terrible Creek
(Reach TC 1). All of these tributaries drain north to south into Terrible Creek, except UT5, which is a
tributary to UT4, and UT1, which is a tributary to UT6. In addition, wetlands throughout the project area,
including the wide wetland floodplain of Terrible Creek, will be preserved and enhanced through this
project. The conceptual design presents the opportunity to provide up to 5,028.800 stream mitigation units
(SMU), and 5.039 Wetland Mitigation Units (WMU).
2.2 Project Location
The Project is in Fuquay-Varina in Wake County, NC (Figures 1 and 2). To access the Project from the
town of Fuquay-Varina, travel east approximately 2.5 miles on NC-401. Turn left on Wilbur Jones Road,
which becomes Johnson Pond Road after following a sharp right curve and continue for another 1.7 miles
to the northern end of the project. The latitude and longitude of the Project is 35.6179°N and-78.7532°W.
2.3 Service Area
This Bank will provide mitigation credits to offset unavoidable impacts to stream, wetland, and buffer
resources within the Neuse River Basin (8-digit USGS HUC 03020201).
The Project's watershed (Middle Creek Targeted Local Watershed (TLW-03020201120010)) is semi -urban
and consists of neighborhood developments, commercial lots, agricultural land, and forest. The Project
area, specifically, has been in agriculture for at least 70 years with a mix of row crops, pastureland, and
Cairo Mitigation Project
Neu -Con Umbrella Mitigation Bank 1 July 2019

forest (Figure 5). Presently, a neighborhood development is being constructed in an area surrounding the
Project, and in the future, additional phases of the neighborhood will be developed surrounding the Project.
3 EXISTING CONDITIONS
3.1 Existing Reach Conditions
In general, all or portions of the Project streams do not function to their full potential. Current conditions
demonstrate significant habitat degradation as a result of impacts from watershed development and historic
agriculture, including livestock husbandry and row crop production. Many Project reaches are moderately
to severely degraded with incised channels and eroding banks along with poor riparian buffer conditions.
Alternatively, portions of Terrible Creek and its associated riparian wetland buffer corridor are in good
condition, although some large areas lack sufficient, if any, trees.
The Project consists of six unnamed tributaries to Terrible Creek along with Terrible Creek. These are
broken into 11 reaches (UT1, UT2, UT3-A, UT3-13, UT3-C, UT4-A, UT4-13, UT5, UT6-A, UT6-13, and
TC1) (Figure 3).
3.2 Vegetation and Wildlife
The Project is characterized primarily pastureland with areas of disturbed riparian forest. Along the
Project's tributaries of Terrible Creek, common species include yellow poplar (Liriodendron tulipifera),
white oak (Quercus alba), river birch (Betula nigra), sweet gum (Liquidambar styraciflua), and loblolly
pine (Pinus taeda). The Terrible Creek floodplain is a disturbed bottomland hardwood community and
identified species include American sycamore, (Platanus occidentalis), gums (Nyssa spp.), oaks (Quercus
spp.), and red maple (Acer rubra).
Exotic invasive species are present throughout and locally dense in some areas and include Chinese privet
(Ligustrum sinense) and Japanese honeysuckle (Lonicera japonica).
3.3 Constraints
There are a few minor constraints to the Project that will be considered during the design of the project.
Terrible Creek is within a FEMA regulatory floodway. The downstream sections of UT2, UT3, UT4, and
UT6 are within the FEMA Zone AE. The design and permitting of the mitigation work will include
coordination with the Wake County Floodplain Administrator. No FEMA permitting will be required for
this project as currently designed. No hydrologic trespass will be permitted to adjacent properties upstream
or downstream of the Project. A tree survey will be conducted to design the mitigation measures and access
to minimize impacts to significant specimen trees. Trees that are necessary to remove for project
construction will be utilized for in -stream habitat structures.
The proposed mitigation site is located within five miles of one air transport facility. The Triple W is a
publicly owned and operated airport and is located approximately 2.6 miles East of the Project. The Project
is just outside of the five miles radius of the Fuquay-Angier field, a privately owned and operated airport.
The proposed Project will not affect the operations of these airports (Figure 1).
There are currently no existing crossings on Project streams. However, the development currently being
constructed proposes stream crossings on reaches UT2, UT3, and UT4. Additionally, there is an existing
Cairo Mitigation Project
Neu -Con Umbrella Mitigation Bank 2 July 2019

sewer easement that intersects Project streams in two locations (UT1 and UT6). Therefore, the Project will
accommodate for current and existing future land use by establishing easement breaks in the
aforementioned areas.
3.4 Project Development
Proposed stream mitigation for the Project involves Restoration, Enhancement Level II, and Preservation.
Reaches identified for restoration will be those that exhibit systemic significantly impaired habitat and
stability and are in an early phase of the channel evolution continuum. Without significant intervention,
restoration reaches are expected to continue to degrade before reaching equilibrium. The proposed
mitigation approach is based on functional considerations, and generally accepted practices in North
Carolina. Restoration reaches will typically include a meandering single -thread stream pattern and proposed
sinuosity will depend on local reference reach conditions and hydrologic and hydraulic modeling.
Enhancement reaches will require a lighter touch and may include bank protection, bank grading,
headcut/gully repair, and installation of structures. Enhancement reaches will not receive a standard "one
size fits all" treatment. Rather, the work will be targeted to address specific impairments, with other channel
segments largely untouched. This approach will provide cost effective, low risk mitigation that addresses
specific project goals.
Preservation activities will include livestock exclusion where applicable, supplemental planting, and
invasive species treatment.
Wetland mitigation will involve both enhancement and preservation. Wetland areas that are currently
vegetated will be preserved. The bare wetland areas will be enhanced both around TC-1 and UT3-A.
Buffer mitigation efforts along the Project streams will be accomplished through the planting,
establishment, and protection of a hardwood forest community. The result will be a riparian habitat that
functions to mitigate nutrient and sediment inputs from the surrounding land.
Cairo Mitigation Project
Neu -Con Umbrella Mitigation Bank 3 July 2019

8atlentine
y�
V
Jud dA
�ty
tiF
Brackenridge 1-11
mote Ftd
tiilltop�ee
hlulrheld Dr
BentwirdsGoIf O
8 Country Club Q
w
Whitted Rd
2CO
1
04
Or �
a
0
O OA
O"',/pre
o Rry
Bru5\A
�41^�c
O
a
c 0
M �vun��c o i
EIf'1t iE (:; efNk C O
4c O
O O
a (� U o Y
y L
r'n
" urttarn Cairo Mitigation
` Project
f 13rn�d5
-11
Raleigh
Legend
N Honcrsq
Proposed Easement II' ' Sanford
Olds
TLW - 03020201120010 Y�a ard"
Neuse River Basin - 03020201
�a
N
Date: 7/18/2019
Figure 1 - Project Vicinity
" E Drawn by: MDD res
i Cairo Mitigation Project
i s Checked by: JRM
0 0.25 0.5
Wake County, North Carolina 1 inch = 0.5 mile
Mile

Ah

IMI
.0
NoB
AgB2
V.
AB
AgG
No, B WmE
Me
NoB R
Ap
A
4:
7 t)J
APB
GeV
APD D H rC
R
W
IrE
N..
AP E3 \.I/
OrB
Legend
ILI,
Proposed Easement
N
Figure 4 - NRCS Soil Survey Date: 7/22/2019
E Wake County (1970)
Drawn by: MDD
S Cairo Mitigation Project Checked by: JRM
0 250 500
Wake County, North Carolina 1 inch = 500 feet
Feet I I
Nos
fires

• 473,
ra.i
1950°Ik
� 1964�Y
`r
w,
• Y. ; ''
'mz 'ti t III
��• .� �'' e } � aid y�� �
I Source: USGS Earth Explorer -"- Source: USGS Earth Explorer
1z► a s�
Ak
� ' t'1
u,.
Source: USGS Earth Explorer h Source: NCOneMap
Legend
N
Q Date: 7/22/2019
Figure 5 - Historical Imagery
" e Drawn by: MDD res
Cairo Mitigation Project
s Checked by: JRM
0 450 900
Wake County, North Carolina 1 inch = 1,000 feet
Feet

LANDOWNER AUTHORIZATION FORM
Site: Cairo Site
PROPERTY LEGAL DESCRITION:
Deed Book Page County
15788 2733 Wake
Parcel ED Number: 37183-0677299412 and 37183-0677399240 in Wake County North Carolina.
Street Address: Johnson Pond Road, Fuquay-Varina, NC
Property Owner (please print): JWM 57, LLC — Wayne Massengill
The undersigned, registered property owner(s) of the above property, do hereby authorize
EBX, Neuse I, LLC, Resource Environmental Solutions ("RES"), the NC Department of
Environment and Natural Resources, and the US Army Corps of Engineers, their employees,
agents or assigns to have reasonable access to the above referenced property for the evaluation of
the property as a potential stream, wetland and/or riparian buffer mitigation project, including
conducting stream and/or wetland determinations and delineations.
Property Owners(s) Address: 2105 N Main Street
Fuquay-Varina, NC 27526
Property Owner Telephone Number: 919-614-2909
I/We hereby certify the above information to be true and accurate to the best of my/our knowledge.
By:
k
Owner A"o-rized Signature) (Date)

1 rd
' To O o
SELLER:
JWM 57, LLC
By:
W yne Masse 11
Date: / 0
Date:
Signature Page to First Amendment to
Option Agreement for the Purchase of an Easement
Buyer: EBX-Neese I, LLC
Seller: JWM 57, LLC
{N0072847.DOCX; 11 Page 2 of 2

Water Resources
ENV4PONMENTAL QUALITY
October 3, 2016
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Cairo LLC
Tommy Broadwed
2105 North Main St.
Fuquay Varina, NC 27526
Subject: Buffer Determination Letter
RRO.416-299
Wake County
Determination Type:
Buffer Intermittent/Perennial
® Neuse (15A NCAC 28 .0233)
❑ f7 Tar -Pamlico (15A NCAC2B .4259} Intermittent/Perennial Determination (where local buffer
ordinances apply)
❑ Jordan (15A NCAC 213 .0267)
(governmental and/or interjurisdictional
projects)
Project Name: Cairo Property
Address/Location: 6021 Johnson Pond Road, Fuquay Varina NC 27526
Stream(s):
Terrible Creek
Determination Date: 10/3/2016
Staff: Rick Trone
Stream
E/I/P*
Not Subject
Subject
Start@
Stap@
Soil
Surve
1TSGS
To o
A
I
X
Throughout
X
X
B
P
X
DWR Flag
Off Property
X
X
C
I
X
DWR Flag
Off Property
X
D
E
I
p
X
X
DWR Flag Confluence w/ E
Throughout
X
X
X
F (Terrible
Creek)
P
X
Throughout
X
X
*EII/P = Ephemeral/Intennittent/Perenniad
Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of Wake
County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each
stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams
that are checked "Subj ect" have been located on the property and possess characteristics that qualify it to be at least
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section littp:lrpoi-uil.nedenr.org/wehrtivq/aps
1628 Mail Service Center, Raleigh, NC 27699-1623 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh. NC 27609 Fax: [phone]

an intermittent stream. There may be other streams located on the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
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 must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. Ifsending via US Postal Service: c/o Karen Higgins;
DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 c.& Buffer Permitting Unit; 512 N. Salisbury
Street; Raleigh, NC 27604. ,
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404, 401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this dete ' ation, please feel free to contact Rick Trone at [phone].
incer ly,
7th
Danny S
Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy
Krissina Newcomb, Hal Owen and Associates Inc., PO Box 400, Lillington, NC 27546

Cairo Property
Wake County, NC-DWR Project # 16-299
.a .- � .-
MRCS Soil Survey Map provided by NCDEQ
�.,.
" r Division of Water Resources
Wake Co., SIC sheet 91,V - ey
197Q :: Locations are approximate
and are provided for refer-
ence only:: n` J
-property boundary:

Cairo Property
Wake Count NC-DWR Project# I6-299
USGSip MapJ� 7_,
»P +w by «Don
Angier � an e Division a erResources
f
201 Locations are appim
and are provided U refer-
ence only;
&% \ \
7'
-property�
boundary: `�