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HomeMy WebLinkAbout20180198 Ver 1_Mitigation Plans_20200403RIPARIAN AREA MITIGATION PLAN Final November 2019 SASSARIXA SWAMP MITIGATION PLAN Johnston County, NC NCDEQ Contract No. 7425 DMS ID No. 100040 Neuse River Basin HUC 03020201 USACE Action ID No. SAW 2018-00432 DWR Project No. 2018-0198 RFP #: 16-007279 PREPARED FOR: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 PREPARED FOR: PREPARED BY: SASSARIXA SWAMP MITIGATION SITE Johnston County, NC NCDEQ Contract No. 7425 DMS ID No. 100040 Neuse River Basin HUC 03020201 nkt NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 %;W WILllLAN1_�� ENGINEERING Wildlands Engineering, Inc. 312 W Millbrook Road, Suite 225 Raleigh, NC 27609 Phone: (919) 851-9986 This Mitigation Plan has been written in conformance with the requirements of the following: • 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. • 15A NCAC 02B. 0240, Nutrient Offset Payments Rule, amended effective September 1, 2010 • NCDEQ Division of Mitigation Services In -Lieu Fee Instrument signed and dated July 28, 2010. These documents govern DMS operations and procedures for the delivery of compensatory mitigation. Contributing Staff: Angela Allen, PE, Project Manager Daniel Taylor, Construction Administrator John Hutton, Principal in Charge Carolyn Lanza, Monitoring Lead Jason Lorch, Mitigation Plon Development Andrea Eckardt, Lead QuolityAssuronce WON WILDLANDS ENGINEERING November 19, 2019 Mr. Jeremiah Dow NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 RE: DMS Review comments for Mitigation Plan Sassarixa Swamp Mitigation Site (DMS ID # 100040) Neuse 03020201, Johnston County, NC Contract No. 7425 Dear Mr. Dow, Thank you for compiling and providing comments on the Sassarixa Mitigation Site draft Mitigation Plan. The use of the term "buffer" or "riparian buffer" is used too loosely throughout the plan. These terms should only be used to describe an area that is within the Neuse Riparian Buffer. For this site, only the first 50' adjacent to streams subject to the rule are Neuse Riparian Buffers. Therefore, please correct applicable references to "buffer" or "riparian buffer" and replace incorrect references with "riparian areas" or "riparian restoration". References to "buffer" or "riparian buffer" were corrected to "riparian areas" and "riparian restoration". 2. The plan describes this site as a "Buffer Restoration Project" throughout the text. However, most of the site is actually buffer enhancement w/some preservation. I recommend "buffer mitigation project" or something other than "buffer restoration project" to avoid confusion. References to "Buffer Restoration Project" has been replaced to "Buffer Mitigation Project". 3. Section 2.2 page 6 This section is titled "Project Location", but it includes references to the Alternative mitigation options being proposed onsite. I recommend separating this information out into its own section. "Project Location" has been separated out into "Project Location" and "Buffer Project Attributes". Some streams onsite are "not subject". Correct where applicable. Corrected to include non -subject streams too. Ill Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 1 ZO.4, �*V WILDLANDS ENGINEERING c. Enhancement via Cattle Exclusion is also an alternative option that should be added to this section. Enhancement via Cattle Exclusion has been added as an alternative option. d. For Ephemeral channels, last bullet, correct the rule reference to just be 15A NCAC 02B .0295 (n). Currently, the reference to 0295 (o) is too inclusive. For example, "enhancement" on Ephemerals can only be achieved by actually planting an area deemed "Enhancement Site" under 0295 (n). Areas deemed as "Enhancement" via cattle Exclusion are approved under 0295 (o) and cannot be achieved adjacent to Ephemeral channels. T3 Ephemeral is currently proposed as "Enhancement via Cattle Exclusion" and instead, should be Preservation according to viability letter. The rule reference has been updated. T3 Ephemeral reach has been changed to Preservation to match the viability letter. e. For coastal HW Streams, add additional information. i. The rule requires that the site meet success criteria for the stream mitigation. Therefore, this area requires 7 years of monitoring instead of 5. 7 years of monitoring has been added ii. The rule requires the creditable areas to be planted to get buffer credit adjacent to HW streams. Therefore, areas currently forested on T5C must be excluded from credit, and only the restoration areas in the fields are viable. Forested areas along the HW streams have been excluded from credit. iii. Text says the buffer will be measured based on valley length, but where is that measurement provided or represented? The valley length is shown in Figure 6 and Figure 7. 4. Section 2.5 a. The statement provided about the purpose of the internal crossings suggests that there may should be fencing on both sides of Sassarixa creek. No fencing is shown on the plan sheets or the figures for the right side of Sassarixa Creek. If "agriculture" in this section implies cattle, then sassaixa creek will require fencing on both sides of the easement in order to comply with 0295 (o)(6). Please explain. Fencing has been added to the right side of Sassarixa Creek. Section 5.2 & Plan Sheet 3.0 lists Green Ash to be planted. Based on concerns of the Emerald Ash Borer and its ability to spread and attack saplings (>1-inch diameter), DWR highly recommends this tree not be included in the planting plan. Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 WILDLANDS ENGINEERING Green Ash has been removed from the planting plan. 6. Provide a reasonable justification to plant Cypress trees, a softwood, which are not considered an appropriate species to meet performance standards per 0295 (n)(2)(B). Provide specifics as to where Cypress will be planted in the Plan Sheets. Cypress has been removed from the planting plan. 7. Section 5.3 — a. The viability letter notes that there are two types of enhancement on this project. Enhancement under 0295 (n) indicates that the area requires plantings vs Enhancement under 0295 (o)(6) requires just the removal of cattle. The upper reach of T4 was determined to be Enhancement under 0295 (n). Other Enhancement areas met .0295(o)(6). Correct figures where cattle exclusion is shown on the upper reach of T4 and show as "Enhancement". Confirm that the planting sheets show plantings in this area as well. The upper reach of T4 will also be planted. b. How will cattle be "excluded" in the buffer enhancement areas? It has been noted in Section 5.3 that cattle will be "excluded" through fencing. c. Correct rule reference to be 15A NCAC 02B .0295(o). It currently reads .0296 Rule reference has been corrected. 8. Section 6.2 Please revise plan to add that planted stems in the monitoring plats will all be flagged. Flagging planted stems has now been noted in Section 6.2. 9. Table 9 — add another parameter to account for T5C needing 7 years of monitoring. Table 9 is updated to reflect the 7 years of monitoring along T5C. 10. Section 7.1— Add that "height" will be measured to assess the vigor of stems. Height has been added to assess the vigor of stems. 11. Section 7.4 — Add a note about T5C and its additional monitoring to meet performance standards. The rule also requires that the stream mitigation meets the performance criteria by the USACE as well. Therefore, DWR cannot accept the restoration area adjacent to T5C without knowing it meets the final performance criteria at closeout by the IRT. Please indicate that Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 1 ZO.4, �*V WILDLANDS ENGINEERING closeout of credits adjacent to T5C will be done at Closeout with IRT. If T5C is removed from the buffer plan all together, then none of this applies. The additional monitoring performance for T5C has been added. 12. Tables 7a & 7b a. Use newer version to the table (request from DMS) and attempt to keep the table all on one page. If needing to split 7a and 7b on separate pages that is fine. This may require a larger paper size to accommodate this request. Please do not reduce the font size in the table too much such that it makes the table difficult to read as hard copy. Newer version of the table is now being used. b. Correct table based on comments provided with this letter. Corrections have been incorporated. c. T4 should be "Enhancement" and not "Enhancement via Cattle Excl". See comment #7. T4 is now "Enhancement". d. Breakout T5C credits separate from others and as "not convertible to Nutrient". T5C credits are now separated from the others and listed as "NOC". e. T5C is not viable for Enhancement, remove from table. Enhancement for T5C has now been removed. f. T3 Ephemeral reach is not viable for Enhancement via Cattle Excl. Change this to preservation. T3 Ephemeral has been changed to preservation. g. T4 & T5 Restoration 0-1000' are both shown with"**". Explain why these two are different than other Restoration areas 0-100' shown in the table. If the explanation is due to widths, then why can't the Min -Max width be shown as different? The asterisks have been removed with the new table. h. Formulas may be off on table, so once newer version of the table is completed for this site, I will be able to decipher whether the subtotals and totals are compliant. Noted. Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 WILDLANDS ENGINEERING i. T2 restoration area may need to be edited based on comment #15 below. Noted. 13. Paragraph below Table 7b will need to be edited based on comments made in this letter. Specifically, the viability of certain streams/reaches that are stated incorrectly in the first sentence. The paragraph below Table 7b has been removed due to the clarification from correspondence with Ms. Katie Merritt sent on August 16. 2019. 14. Table 7a-b shows nutrient offset conversions. However, there is no reference to this in the introduction of the Plan. If this site is to be reviewed by DWR to generate nutrient and/or buffer, please include language to the effect in the introduction. Nutrient offset credits are not being request at this time, but areas may be converted to nutrient offset credits by DMS later. Since nutrients are not being requested at this time, language is not needed in the introduction. A note below Table 7a has been added indicating potential nutrient request in the future. 15. Figure 6 — a. Identify the location of the Ephemeral channel along T3. The location of the Ephemeral channel along T3 has been noted. b. Show Preservation instead of Cattle Excl. along T3 ephemeral reach. T3 has been changed to Preservation. c. Add Enhancement (non -cattle excl) along T4 (R1 & R2) (see plan sheet 3.3) T4 (R1 &2) has been changed to Enhancement (non -cattle exclusion) d. Remove Enhancement adjacent to T5C. T5C Enhancement has been removed. e. T2 restoration area should only be measured from Top of Bank of the Stream Determination point by DWR or the "radius/bubble" above the point. When comparing this area to Figure 7, the top of bank appears to be measured from the proposed stream alignment beyond the wood line. Figure 7 has been corrected to the Top of Bank of the Stream Determination point by DWR. Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 WILDLANDS ENGINEERING f. T4 Preservation area needs to be excluded from credit unless the DWR has confirmed this feature is a stream. T4 Reach 3 has now been confirmed a stream based on the On -Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 028.0233) dated October 28. 2019. Supporting documentation is located in the Appendix. g. I prefer the legend also identify the Coastal HW credits (instead of blue, use a different color) Coastal HW credits have been identified in another color. 16. Figure 8 — a. Show the non -cattle exclusion Enhancement Area & Coastal HW area. Figure 8 has been updated according to above changes. b. All plots along T1 are on the same side. Please move a plot to represent the other side of T1 as well. The vegetations plots along T1 have been moved to represent the other side. c. There is a plot located within Cattle Exclusion areas along T4. Why? The plot located within the Cattle Exclusion has been removed. 17. Figure 9- a. Remove T5C from being able to be converted to NOC. NOC is not viable adjacent to coastal HW stream sites as shown in the viability letter. T5C has been removed from being converted to NOC. 18. Service Area map —This map does not comply with Rule .0295. The service area for buffer mitigation projects in the Neuse 01 below Falls Lake is the Neuse 01below Falls Lake and does not include the Falls Lake WS. Edit this map to exclude the Falls Lake completely from the service area. The Service Area Map has been updated to exclude the Falls Lake WS. 19. There are not dates on the site photos, when were these photos taken. Dates have been added to the site photos. Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 WILDLANDS ENGINEERING 20. Overall, if the riparian efforts are done according to the plan and addresses all comments and corrections provided by DWR, the site should provide a good buffer mitigation and/or nutrient offset project. Noted. If you have any questions please contact me at aallen@wildlandseng.com, (919)851-9986 x 106. Sincerely, Angela Allen, P.E., Project Manager Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 TABLE OF CONTENTS 1.0 Introduction.............................................................................................................................. 3 2.0 Mitigation Project Summary...................................................................................................... 3 2.1 Existing Site Conditions................................................................................................................. 4 2.2 Parcel Location............................................................................................................................. 5 2.3 Buffer Project Attributes.............................................................................................................. 6 2.4 Alternative Mitigation.................................................................................................................. 6 2.5 Watershed Characterization......................................................................................................... 7 2.6 Vegetation.................................................................................................................................... 8 2.7 Site Constraints and Access.......................................................................................................... 8 2.8 Current Site Resources................................................................................................................. 8 2.9 Historic Site Resources................................................................................................................. 9 3.0 Site Protection Instrument........................................................................................................ 9 3.1 Site Protection Instruments Summary Information..................................................................... 9 4.0 Regulatory Considerations........................................................................................................ 9 4.1 Threatened and Endangered Species......................................................................................... 10 4.2 Cultural Resources and Significant Natural Heritage Areas ....................................................... 11 4.3 FEMA Floodplain Compliance..................................................................................................... 11 4.4 Other Environmental Issues....................................................................................................... 11 4.5 Determination of Credits............................................................................................................ 12 5.0 Implementation Plan............................................................................................................... 14 5.1 Parcel Preparation...................................................................................................................... 14 5.2 Riparian Area Restoration Activities........................................................................................... 14 5.3 Riparian Area Enhancement Activities....................................................................................... 15 5.4 Riparian Area Preservation Activities......................................................................................... 15 6.0 Monitoring Plan...................................................................................................................... 16 6.1 Monitoring Components............................................................................................................ 16 6.2 Vegetation.................................................................................................................................. 16 6.3 Overview Photographs............................................................................................................... 16 6.4 Visual Assessment...................................................................................................................... 16 7.0 Project Success Criteria........................................................................................................... 16 7.1 Vegetation.................................................................................................................................. 16 7.2 Overview Photographs............................................................................................................... 17 7.3 Visual Assessments..................................................................................................................... 17 7.4 Reporting Performance Criteria................................................................................................. 17 7.5 Maintenance and Contingency Plans......................................................................................... 17 8.0 Stewardship............................................................................................................................18 8.1 Long Term Stewardship.............................................................................................................. 18 8.2 Adaptive Management Plan....................................................................................................... 18 9.0 References.............................................................................................................................. 18 Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page i October 2019 TABLES Table 1: Ecological and Water Quality Goals Table 2: Buffer Project Attributes Table 3: Drainage Areas and Associated Land Use Table 4: Site Protection Instrument Table 5: Project Attribute Table Table 6: Listed Threatened and Endangered Species in Johnston County, NC Table 7a: Riparian Buffer Credit Generation Summary for Restoration and Enhancement Table 7b: Riparian Buffer Credit Generation Summary for Preservation Table 7c: Total Riparian Buffer Credit Generation Summary Table 8: Native Woody Species to be Established Table 9: Monitoring Components FIGURES Figure 1 Vicinity Map Figure 2 Site Map Figure 3 USGS Topographic Map Figure 4 Watershed Map Figure 5 Soils Map Figure 6 Credit Calculations Map Figure 7 Riparian Buffer Zones Map Figure 8 Proposed Monitoring Map Figure 9 Nutrient Offset Area Map Figure 10 Service Area Map APPENDIX Appendix 1a Site Protection Instrument Appendix 1b NC Division of Water Resources Site Viability for Buffer Mitigation and Nutrient Offset Letter — May 21, 2018 NC Division of Water Resources Site Viability for Buffer Mitigation and Nutrient Offset Letter —April 3, 2019 On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules and Water Quality Standards (15A NCAC 02B .0233) — April 4, 2018 & October 28, 2019 Appendix 1c Overview Photos —January 7, 2019 Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page ii October 2019 1.0 Introduction The Sassarixa Swamp Mitigation Site (Site) is a buffer mitigation and nutrient offset project in conjunction with a stream mitigation project. Construction of the stream restoration project will occur concurrently with planting and excluding livestock from the riparian buffers. The Site is located in Johnston County approximately six miles southwest of Smithfield and five miles north of Four Oaks (Figures 1). The Site is comprised of approximately 65.1 acres along Sassarixa Creek and seven unnamed tributaries to Sassarixa Creek, along with six unnamed tributaries to Black Creek. Currently, the Site is characterized by a mix of active pastures, fields, and woodlands. The project will restore, enhance, and preserve riparian buffer area within the project area, which will provide 1,098,146.503 buffer credits or 55.9 acres worth of buffer mitigation. The Site is located within the Hydrologic Unit Code (HUC) 03020201130030 and North Carolina Division of Water Resources (NCDWR) Sub -basin 03-04-04 Sassarixa Creek and seven unnamed tributaries to Sassarixa Creek, along with six unnamed tributaries to Black Creek on the Site flow into Holts Lake, which drains to the Neuse River. Holts Lake is a recreational lake classified as a Nutrient Sensitive Water (NSW) and the Neuse River is a water supply for the City of Goldsboro. The Sassarixa Swamp Mitigation Site is located in a new Targeted Local Watershed (TLW) that is not described in the 2010 Neuse River Basin Restoration Priorities (RBRP) Plan. The TLW was added in the 2015 Neuse 01 CU Update because there were more water quality issues than assets. Stressors for this TLW include impervious surfaces, disturbed riparian areas, and agricultural land use/animal operations. The Site addresses the TLW stressors of agricultural land use/animal operations and the lack of protected riparian areas. The project will also address key Cataloging Unit (CU) wide restoration goals for the Neuse River 03020201 described in the RBRP including reduction of sediment and nutrient loads from agricultural lands and increasing or improving riparian buffers (NC DWR 2009). This buffer mitigation project will reduce sediment and nutrient loading, improve terrestrial and in stream habitats, and improve stream and bank stability. The area surrounding the streams proposed for restoration is a mixture of active pasture, fields, and woodlands. By removing cattle access to onsite tributaries to Holts Lake, restoring a forest to maintained riparian areas and protecting and preserving existing forested areas; the project will reduce nutrient and sediment inputs to project streams, and ultimately to Holts Lake. The restored floodplain areas will filter sediment during rainfall events. The establishment of riparian areas will create shading to minimize thermal pollution. Finally, invasive vegetation will be treated within the project area as needed and the proposed native vegetation will provide cover and food for wildlife. 2.0 Mitigation Project Summary The major goals of the proposed buffer mitigation project are to provide ecological and water quality enhancements to the Neuse River Basin by creating a functional riparian corridor and restoring the Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page 3 November 2019 riparian area. Specific enhancements to water quality and ecological processes are outlined below in Table 1. Table 1: Ecological and Water Quality Goals — Sassarixa Swamp Mitigation Site Goal Objective CU-Wide and RBRP Objectives Supported Filtering runoff from the agricultural fields through restored native riparian area zones. The Decrease nutrient off -site nutrient input will also be absorbed on- Reduce nutrient inputs to waters of levels site by filtering flood flows through restored the Neuse River Basin. floodplain areas, where flood flows can disperse through native vegetation. Reduce and control sediment inputs; Exclude cattle Install fencing around project areas adjacent to Reduce and manage nutrient inputs; from project cattle pastures. Contribute to protection of or streams. improvement to a Water Supply Waterbody. Decrease water temperature and Establishment and maintenance of riparian Improve habitat to wildlife by increase dissolved buffers will create additional long-term shading of providing additional habitat. oxygen the channel flow to reduce thermal pollution. concentrations Reduce and control sediment inputs; Restore and Reduce and manage nutrient inputs; enhance native Plant native tree species in riparian zone where Provide a canopy to shade streams floodplain currently insufficient. and reduce thermal loadings; Contribute to protection of or vegetation. improvement to a Water Supply Waterbody. Permanently protect the Establish a conservation easement on the Site. Protect aquatic habitat; protect water project Site from supply waters. harmful uses. 2.1 Existing Site Conditions The buffer mitigation project will place put 65.1 acres of agricultural fields and woodlands along Sassarixa Creek and several unnamed tributaries that drain into the Holts Lake watershed, part of the Neuse River Basin under a conservation easement. Out of the 65.1 acres, 55.9 acres will be proposed for a combination of riparian buffer restoration, enhancement, and preservation. The project includes several adjacent properties that have been owned and operated as a livestock farm by a single family since 1850, where livestock are continually rotated through all fields (with access to their associated streams). The western portion of the project includes Sassarixa Creek and seven unnamed tributaries to Sassarixa Creek (T1, T1A, T1B, TIC, T1D, T2, and T3) (Figure 2). The eastern portion of the site contains six unnamed tributaries to Black Creek (T4, T5, TSA, TSB, TSC, and T6). A review of historic aerials from 1950 to 2012, located in the appendix, show that onsite streams have existed in their approximate locations with very little change to riparian zones since 1950. Two Sassarixa Swamp Mitigation Site DMS ID No. 100040 Final Riparian Area Mitigation Plan Page 4 November 2019 alterations to the Site visible from aerial photography are the addition of the pond on T2 between 1964 and 1973, and the addition of the large pond below TSA, TSB, and TSC, between 1950 and 1961. Sassarixa Creek is a perennial stream that enters the Site from Black Creek Road and flows southeast. A mature hardwood forest surrounds the stream on both sides. T1 enters the site at Old Olive Road in the northeast section of the project. T1A and T1D enter the right bank of T1, while T1B enters from the left bank downstream of T1A and T1D. The canopy is dominated by loblolly pine (Pinus toedo) with an understory of Japanese stilt grass (Microstegium vimeneum). TIC is a short reach that starts at the tree line and flows into Sassarixa Creek. The origin of T2 is a farm pond located in the natural valley of this drainage area that is dominated by fescue and hay production. There is a grass swale at the outlet of the pond, and once the swale reaches the edge of the forest, there is a large (>5') headcut as it enters the valley of Sassarixa Creek. A ditch originates south of Old Olive Road, flowing into T3 which starts as an ephemeral channel. T3 continues along a forested buffer transitioning into an intermittent stream. While the channel along T3 is forested, livestock access has impacted most of the understory. T4 starts as an intermittent stream that enters the Site through a culvert at Old Olive Road. Roughly 200 feet down the stream breaks and becomes a degraded wetland picking back up another 300 feet to continue being an intermittent channel. The upper portion of T4 has sporadic conifer trees, while the understory has been trampled by cattle. TSA, TSB, and T5C are the intermittent headwater streams to T5. They originate in the northernmost region of the project, upstream of a large pond. Their watersheds are primarily livestock grazing areas and row crops. T5 and T6 are intermittent streams that enter the project area at Old Olive Road. A mature hardwood canopy extends the length of both streams. 2.2 Parcel Location The Site is approximately six miles southwest of Smithfield and five miles north of Four Oaks (Figure 1). The site is within the DMS targeted Neuse River Basin HUC 03020201130030 and NCDWR Subbasin 03- 04-04. From Raleigh take 1-40 E. Take exit 319 for NC-210 toward Smithfield/Angier. Turn left onto NC-210 E (signs for Smithfield). Continue on NC-210 E for 2.4 miles and turn right onto Lassiter Roads. After 4.6 miles, turn left onto Black Creek Road. Continue on Black Creek Road for 0.7 miles and then turn right onto Old Olive Road. The first parcel is 0.1 mile on the right of Old Olive Road. The other parcels are at various locations further down Old Olive Road. Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page 5 November 2019 2.3 Buffer Project Attributes Table 2: Buffer Project Attributes — Sassarixa Swamp Mitigation Site Project Name Sassarixa Swamp Mitigation Site Hydrologic Unit Code 03020201130030 River Basin Neuse River Geographic Location (Lat, Long) 35°28'19.75"N 78°26'9.60"W Site Protection Instrument (DB, PG) To be recorded Total Credits (BMU) 1,080,086 Types of Credits Riparian Buffer Mitigation Plan Date May 2019 Initial Planting Date Winter 2020-Spring 2021 Baseline Report Date Winter 2020-Spring 2021 MY1 Report Date November 2021 MY2 Report Date November 2022 MY3 Report Date November 2023 MY4 Report Date November 2024 MY5 Report Date November 2025 2.4 Alternative Mitigation In addition to buffer restoration on subject streams, per the Consolidated Buffer Mitigation Rules (15A NCAC 02B 0.0295 (o)), alternative mitigation is proposed on the Site in the form of buffer restoration on ephemeral channels and coastal headwater streams, and preservation of forested buffer on subject and non -subject streams. The proposed project is in compliance with these rules in the following ways: Buffer Mitigation on Ephemeral Channels 15A NCAC 02B .0295 (n): • The ephemeral channel is directly connected to intermittent or perennial stream channels and will be protected under the same contiguous easement boundary (Figure 2). • The area of the mitigation site on ephemeral channels does not compromise more than 25 percent of the total area of buffer mitigation. • The mitigation area on the Site's ephemeral channels is located completely within its drainage area. • The proposed area meets all applicable requirements of Paragraph (n) of (15A NCAC 02B .0295), for restoration or enhancement. Buffer Mitigation on Coastal Headwater Streams 15A NCAC 02B .0295 (o)(2): • non -wooded riparian areas that are planted along Outer Coastal Plain headwater stream mitigation sites may also be approved as riparian buffer mitigation credit if the Site meets all applicable requirements of 15A NCAC 02B .0295 (n). • All success criteria specified in the approval of the stream mitigation site by the Division shall be met. Seven years of monitoring is required. Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page 6 November 2019 • Area of the buffer shall be measured perpendicular to the length of the valley being restored. • The area within the proposed buffer mitigation site shall not also be used as wetland mitigation. Enhancement via Cattle Exclusion 15A NCAC 02B .0295 (o)(6) Livestock is permanently excluded from riparian area. An enhancement plan must be provided in accordance by Paragraph (n) of 15A NCAC 02B .0295 Grazing must be the predominant land use since the effective date of the applicable buffer rule. Preservation on Subject Streams 15A NCAC 02B .0295 (o)(5): • The buffer width is at least 30 feet from the stream (Figure 7). • The area meets the requirements of 15A NCAC 02R 0.0403(c)(7), (8), and (11) with no known structures, infrastructure, hazardous substances, solid waste, or encumbrances within the mitigation boundary (see Section 4.4 for more detail). • Preservation mitigation is being requested on no more than 25% of the total area of buffer mitigation (Table 8). Preservation on Non -Subject Streams 15A NCAC 02B .0295 (o)(4): • The streams were confirmed as intermittent or perennial by DWR per the On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules and Water Quality Standards dated April 4, 2018 & October 28, 2019 • The buffer width is at least 30 feet from the stream (Figure 7). • Preservation mitigation is being requested on no more than 25% of the total area of buffer mitigation (Table 8). 2.5 Watershed Characterization The Site topography, as indicated on the Four Oaks, NC USGS 7.5-minute topographic quadrangle shows a series of moderately sloped valleys (1-3%) that increase in width as they approach the floodplains of Sassarixa Creek and Black Creek (Figure 3). Drainage areas for the streams and riparian areas were determined by delineating watersheds on the Four Oaks USGS 7.5-minute topographic quadrangles. Figure 4 shows the watershed boundaries for each area. Each of the riparian watersheds are mix of active pastures, fields, and woodlands. The watershed and current land use are summarized in Table 3 below. Table 3: Drainage Areas and Associated Land Use —Sassarixa Swamp Mitigation Site Reach Name DWR Stream Designation Buffer Area (Acres) Watershed Area (acres) Land Use Sassarixa Creek Perennial 14.3 4,726 47% agricultural, 7% developed, 46%forested T1 Intermittent 6.44 45 63% agricultural, 20% developed, 17% forested T1A Intermittent 0.39 6 80% agricultural, 0% developed, 20%forested T113 Intermittent 0.56 2 80% agricultural, 0% developed, 20%forested T1C Intermittent 1.20 6 80% agricultural, 0% developed, 20%forested T1D Intermittent .09 0.5 80% agricultural, 0% developed, 20%forested T2 Intermittent 1.05 13 80% agriculture, 7% developed, 13% forested T3 R1 Ephemeral 0.80 17 80% agricultural, 7% developed, 13%forested T3 R2 Intermittent 3.52 26 80% agricultural, 7% developed, 13%forested T4 Intermittent 7.00 40 52% agricultural, 4% developed, 44% forested Sassarixa Swamp Mitigation Site DMS ID No. 100040 Final Riparian Area Mitigation Plan Page 7 November 2019 DWR Stream Buffer Area Watershed Area Reach Name Land Use Designation (Acres) (acres) T5 Intermittent 7.28 136 60% agricultural, 4% developed, 36%forested Wetland (Impacts from T5A* cattle in T5 4.33 24 80%agricultural, 0% developed, 20%forested stream resulted in a wetland) T513 Intermittent 4.54 25 80%agricultural, 0%developed, 20%forested Headwater T5C 0.29 10 90% agriculture, 10% forested Wetlands T6 Intermittent 4.11 130 60% agricultural, 4% developed, 36% forested *Proposing stream restoration to reconnect T5A stream throughout. If stream restoration is approved by the IRT and a stream channel is constructed, then the new riparian areas will be viable as an Enhancement Site per 15A NCAC 028.0295 (a) (6). 2.6 Vegetation Three reaches on site lack a riparian buffer: T1-RI, the upstream end of T2, and the upstream end of T3. The riparian buffer in these areas consist primarily of fescue (Festuca sp.) and some areas of hay production to feed livestock. The canopy on T1-R2 is unique in that it is dominated by loblolly pine (Pinus taeda) with an understory of Japanese stiltgrass (Microstegium vimeneum). All other riparian areas include a mix of canopy species including red maple (Acer rubrum), sweetgum (Liquidambar straciflua), willow oak (Quercus phellos), tulip poplar (Liriodendron tulipifera), ironwood (Carpinus caroliniana), sycamore (Platanus occidentalis), water oak (Quercus nigra), and black willow (Salix nigra). While the understory of all reaches is dominated by Japanese stiltgrass, there is still a diverse mix of understory species present, especially along Sassarixa Creek and T4-R3. Understory species include Christmas fern (Polystichum acrostichoides), dogfennel (Eupatorium caplilifolium), greenbrier (Smilax sp.), Virginia creeper (Parthenocissus quinuefolia), sawtooth blackberry (Rubus argutus), common ragweed (Ambrosia artemisifolia), poison ivy (Toxicodendron radicans), common rush (Juncus effesus), and common sedge (Carex sp.). Invasive species located in the riparian buffers include Chinese privet (Ligustrum sinese) and Japanese honeysuckle (Lonicera japonica). 2.7 Site Constraints and Access The Site is accessible in multiple locations off Old Olive Road. Several culverts and two ford crossing will be constructed on project streams to allow for continued use of the land outside of the project area for agriculture. Each crossing is a 35-foot crossing internal to the easement. Wherever possible, culverts will be located at the start or end of the project reach to limit impact on stream pattern, plan, and profile. There are no known airport facilities within five miles of the project area (Figure 1). There is one utility easement at the start of T4 and will be used as a ford crossing. There are no other known constraints on the proposed Site. 2.8 Current Site Resources On February 9, 2018 (dated May 21, 2018) Ms. Katie Merritt, with DWR, conducted on -site determinations to review features and land use within the project boundary. In March 2019 Ms. Sam Dailey, with USACE, determined two additional features, T1B and TIC, within the project boundary as intermittent channels, resulting in an additional site -viability letter from Ms. Katie Merritt. The resulting DWR site viability letters and maps confirming the Site as suitable for riparian buffer mitigation is enclosed in the Appendix. The on -site determination approval letter from NCDWR is also included in the Appendix. Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page 8 November 2019 2.9 Historic Site Resources A review of historic aerials from 1950 to 2012, located in the appendix, show that onsite streams have existed in their approximate locations with very little change to riparian area extents since 1950. Two alterations to the Site visible from historical aerial photography are the addition of the pond on T2 between 1964 and 1973, and the addition of the large pond below T5A, T513, and T5C between 1950 and 1961. 3.0 Site Protection Instrument 3.1 Site Protection Instruments Summary Information The land required for riparian planting, management, and stewardship of the mitigation project includes portions of the parcels listed in Table 4. Option agreements for the project area have been signed by the property owners and a Memorandum of Option have been recorded at the Johnston County Register of Deeds. The proposed conservation easements on these properties has not yet been recorded. Table 4: Site Protection Instrument —Sassarixa Swamp Mitigation Site Site Acreage Deed Book and Landowner PIN County Protection to be Page Number Instrument protected Hunter E. Oliver 166200-58-6572 Conservation DB: 3624 Johnston 25.94 Janie E. Oliver 166200-59-2333 Easement PG: 581 Junes Jones Olive 166200-88-5084 Conservation DB: 3719 Johnston 15.73 Revocable Trust 166200-85-0452 Easement PG: 717 Junes Jones Olive 166200-57-0481 Conservation DB: 3719 Revocable Trust Johnston 9.66 167200-17-2303 Easement PG: 717 Hunter E. Oliver Mary Hunter Olive - Waller Conservation DB:4358 166200-49-5125 Johnston 1.52 Todd Franklin Waller Easement PG: 908 Amanda J. Olive Tami Olive Thompson David Thompson Conservation DB: 3719 166200-66-6896 Johnston 5.46 Junes Jones Olive Easement PG: 717 Revocable Trust Conservation DB: 4606 Matthew T. Keen 167200-06-5717 Johnston 2.04 Easement PG:183 Conservation DB: 3719 FTami Olive Thompson 166200-79-8148 Johnston 4.71 Easement PG: 717 All site protection instruments require 60-day advance notification to the Corps and the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. 4.0 Regulatory Considerations Table 5, below, is a summary of regulatory considerations for the Site. These considerations are expanded upon in Sections 4.1-4.3. A copy of the signed Categorical Exclusion Form for the project can be found in the Sassarixa Swamp Mitigation Plan for the stream project. Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page 9 November 2019 Table 5: Project Attribute Table — Sassarixa Swamp Mitigation Site Regulatory Considerations Parameters Applicable? Resolved? Supporting Docs? Water of the United States - Section 404 Yes Yes (Appendix) Site Viability Letter Water of the United States - Section 401 Yes Yes (Appendix) Site Viability Letter Sassarixa Swamp Mitigation Endangered Species Act Yes Yes Plan Appendix (Categorical Exclusion) Sassarixa Swamp Mitigation Historic Preservation Act Yes Yes Plan Appendix (Categorical Exclusion) Coastal Zone Management Act No No N/A FEMA Floodplain Compliance No N/A N/A Essential Fisheries Habitat No N/A N/A 4.1 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS) database were searched for federally listed threatened and endangered plant and animal species in Johnston County, NC. Five federally listed species, the red -cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta heterodon), Tar River spinymussel (Parvaspina steinstansana), yellow lance (Elliptio lanceolate), and Michaux's sumac (Rhus michauxii) are currently listed in Johnston County. Table 6. list their federal status and habitat. Table 6: Listed Threatened and Endangered Species in Johnston County, NC — Sassarixa Swamp Mitigation Site Species Federal Status Habitat Vertebrate Red -cockaded woodpecker E Found in mature pine forests, these birds bore cavities inside of living pine (Picoides borealis) trees Invertebrate Dwarf wedge mussel Inhabit a wide range of stream sizes and types from small streams to large (Alasmidonta heterodon) E rivers. Known to live in substrates including clay, sand, gravel, pebble, and some silt depositional areas Tar River spinymussel E Live mostly in silt -free unconsolidated beds of coarse sand and gravel. (Parvaspina steinstansana) Prefer faster flowing, well oxygenated streams. Yellow lance Lives in coarse to medium clean sand, and sometimes gravel. Usually found (Elliptio lanceolate) T in the downstream portion of sand and gravel bars. Requires clean, well oxygenated water with moderate flows. Found in small to medium streams. Vascular Plant Michaux's sumac E Woodland edges, woodland, sandhills and sandy forest. (Rhus michauxii) E = Endangered; T= Threatened Wildlands requested review and comment from the United States Fish and Wildlife Service on February 5, 2018 in respect to the Sassarixa Swamp Mitigation Site and its potential impacts on threatened or endangered species. USFWS responded on March 2, 2018 and stated the "proposed action is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat or species currently proposed for listing under the Act". A follow up email was sent to USFWS on April 6, 2018 regarding the new addition of the yellow lance on April 4, 2018 to Johnston Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page 10 November 2019 County's endangered species list. USFWS responded on April 9, 2018 with no additional objection. All correspondence with USFWS is include in the approved Categorical Exclusion found in the Sassarixa Swamp Mitigation Plan. A pedestrian survey conducted on April 10, 2018, indicated that the Site did not provide suitable habitat for the red -cockaded woodpecker and yellow lance. The pedestrian survey did indicate that the site provides suitable habitat for the dwarf wedgemussel, Tar River spinymussel, and Michaux's sumac but no species were identified on the site. Therefore, due to the absence of the listed species on the site, the project has been determined by Wildlands to "may affect, but not likely to adversely affect" the dwarf wedgemussel and Tar River spinymussel, and to have "no effect" on the Michaux's sumac. The project will have "no effect" on the red -cockaded woodpecker and yellow lance due to the absence of suitable habitat. 4.2 Cultural Resources and Significant Natural Heritage Areas The National Historic Preservation Act declares a national policy of historic preservation to protect, rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American architecture, history, archaeology, and culture, and Section 106 mandates that federal agencies take into account the effect of an undertaking on a property that is included in, or is eligible for inclusion in, the National Register of Historic Places. There are no existing structures in the project area. The Site is not located near any sites listed on the National Register with the State Historic Preservation Office (SHPO). SHPO was contacted February 2, 2018 and had no concerns or comments on the project site. The approved Categorical Exclusion for the project is in the Sassarixa Swamp Mitigation Plan. 4.3 FEMA Floodplain Compliance The Site is represented on the Johnston County Flood Insurance Rate Map Panel 1662. Sassarixa Creek and the downstream portions of T4, T5, and T6 are mapped in Zone AE from the modeled Black Creek, however no streams on Site are modeled. Areas within the mapping are slated for stream enhancement and preservation as part of them stream mitigation project and will not require net fill within the floodplain. Wildlands will coordinate with the Johnston County floodplain administrator to obtain the appropriate floodplain development permit for the project, if required. 4.4 Other Environmental Issues An EDR Radius Map Report with Geocheck was ordered for the Site through Environmental Data Resources, Inc. on January 29, 2018. The target property and the adjacent properties are not listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There were no known or potentially hazardous waste sites identified within one mile of the Parcel. 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Ul Z� A 0 ., o Ul Q L O a O w E N m w 0 O p v .m v > O O v m Z a o m Y a` v 3 aEi � - c v v �E N H � 3 v u vE m E v o > n m i N U @ W � O O N 2 N N T H N a v v L ro r a . �N v � � � - O a+ y Z N u a c a � O o 0 v uo 0 0 m N i Ul y O 16 Ul m O > > N OU V 00 00 Q m N T N O m Z N u0 N OW \ k\\ap \ ) ) _ }a; $§ E-%K §�§§k��t — �) k f°}!))\ $22$2 )\ \\§ /i pr\m )\E § �f \ {� ) .... gt 0Co j £ $ /§k - §2 ` { 2 r ^o § �§ § MD o 2� s o ) kco ) ) z / # a 2 0 Jo k) ;k ! I 5.0 Implementation Plan The Wildlands Team proposes to restore high quality ecological function to Sassarixa Creek and 13 unnamed tributaries on the Site. The ecological uplift can be summarized as transforming agriculturally impacted areas to a protected forested riparian corridor. The project design will ensure that no adverse impacts to wetlands or existing riparian areas occur. All riparian restoration activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the implementation of the Sassarixa Swamp Stream Mitigation Plan. Planting and fencing will happen in conjunction with the Sassarixa Swamp Nutrient Offset and Buffer Mitigation Bank Parcel. Figure 7 illustrates the conceptual design for the Site. 5.1 Parcel Preparation The current land uses adjacent to the streams proposed for riparian restoration are active agricultural lands. Areas slated for riparian restoration that are not impacted by the construction of the stream mitigation project will require little site preparation including select herbicide treatments or limited mechanical clearing to remove undesirable underbrush or invasive species. Other areas of the easement will be graded in accordance with the Interagency Review Team (IRT) approved stream mitigation plan. After the grading for the stream mitigation is complete, the floodplain will be prepared for seeding and planting by applying stockpiled topsoil to the floodplain between bankfull elevation of the stream and the grading limits. All haul roads and other areas of compacted soil within the easement boundary will be ripped prior to planting. As part of the stream mitigation project, the farm pond and drainpipe that currently impounds water at the headwaters of T2 will be eliminated and the channel restored. Several field drains were installed near the area at the top of the pond to direct stream water and field drainage into the pond. Those will be severed at the edge of buffer to provide diffuse flow into the easement. The earthen dam is proposed to be removed and a portion of the dam will be used to fill the pond bottom to provide stable foundation for construction of the new channel. The path of the future channel will be over -excavated, and fill material from the old dam will be used to stabilize the pond bed for the construction of the bed and banks of the new channel. Once the dam is removed, the stream restoration will begin near the upstream extent of the existing impoundment. Below the existing dam the restored channel will follow the existing valley flowing southwest until it reaches the confluence with Sassarixa Creek. Sheets 1.25- 1.29 from the Sassarixa Swamp Stream Mitigation Plan (SAW# 2018-00432) set depicts the pond footprint, conservation easement boundary, and new stream alignment, which is included in Appendix 7 of the Sassarixa Swamp Stream Mitigation Plan. The specifics of the stream restoration project, including breaching the pond on T2 and grading plan, are included in the Sassarixa Swamp Stream Mitigation Plan. A 401 permit will be required for all stream restoration work, including work within the pond on T2 and will be obtained before any work in the waters begins. 5.2 Riparian Area Restoration Activities The revegetation plan for the riparian mitigation area will include permanent seeding, planting bare root trees, live stakes, and herbaceous plugs. These revegetation efforts will be coupled with controlling invasive species population. The specific species composition to be planted was selected based on the community type, observation of occurrence of species in riparian areas adjacent to the Parcel, and best professional judgement on species establishment and anticipated site conditions in the early years following project implementation. Table 8 list woody species that are native to the area and may Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page 14 November 2019 become established in the Site during the duration of the project. Refer to Sheet 3.0 of the Draft Plans located in Appendix 7 of the Sassarixa Swamp Stream Mitigation Plan for the planting plan. Table 8: Native Woody Species to be Established — Sassarixa Swamp Mitigation Site Scientific Name Common Name Dominant Method of Establishment Acerrubrum Red Maple Natural Colonization Acernegundo Box Elder Hand Planting Betula nigra River Birch Hand Planting Carpinus caroliniana Ironwood Natural Colonization Liriodendron tulipifera Tulip Poplar Natural Colonization Liquidambarstraciflua Sweetgum Natural Colonization Magnolia virginiana Sweetbay Magnolia Hand Planting Platanus occidentalis* American Sycamore Hand Planting Populus deltoides Eastern Cottonwood Hand Planting Quercus michauxii Swamp Chestnut Oak Hand Planting Quercus nigra* Water Oak Hand Planting Quercus pagoda Cherry Bark Oak Hand Planting Quercus phellos* Willow Oak Hand Planting Salixnigra* Black Willow Hand Planting Ulmus alata Winged Elm Hand Planting *These late successional species may naturally colonize but are not expected to reach high -density numbers, height, and/or vigor after disturbance. Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. No one tree species will be greater than 50% of the established stems. An appropriate seed mix will also be applied as necessary to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events in disturbed areas. This will be followed by an appropriate permanent seed mixture. Planting is scheduled to begin in March 2020. Vegetation management and herbicide applications may be needed during tree establishment in the restoration areas to prevent establishment of invasive species that could compete with the planted native species. 5.3 Riparian Area Enhancement Activities The revegetation plan for the enhancement areas under NCAC 02B .0295 (n) will include planting supplemental bare root trees and controlling invasive species growth. The tree species to be planted are listed in Table 8. For enhancement areas under NCAC 02B .0295 (o), cattle exclusion, planting isn't anticipated to be needed except where required in the stream mitigation plan. A seed mix will be applied where cattle have caused bare soils and cattle will be excluded from the riparian enhancement areas by fencing. 5.4 Riparian Area Preservation Activities There will be no parcel preparation work done in the riparian preservation areas, as allowed under 15A NCAC 02B .0295(o). The preservation area will be protected in perpetuity under a conservation easement. Sassarixa Swamp Mitigation Site DMS ID No. 100040 Page 15 Final Riparian Area Mitigation Plan November 2019 6.0 Monitoring Plan The Site monitoring plan has been developed to ensure that the required performance standards are met, and project goals and objectives are achieved. The monitoring report shall provide project data chronology that will facilitate an understanding of project status and trends, ease population of DMS databases for analysis and research purposes and assist in close-out decision making. 6.1 Monitoring Components Project monitoring components are listed in more detail in Table 9 and Figure 8. 6.2 Vegetation Vegetation monitoring quadrants will be installed across the Site to measure the survival of the planted trees (Figure 8). The first annual monitoring activities will commence at the end of the first growing season, at least six months after planting has been completed, and will be reassessed annually no earlier than the Fall of each year. Species composition, density, height, and survival rates will be evaluated on an annual basis by plot and for the entire site. The number of monitoring quadrants required, and frequency of monitoring will be based on the DMS monitoring guidance documents. Vegetation monitoring will follow the CVS-EEP Protocol for Recording Vegetation (2008) or another DMS approved protocol. Planted stems will be flagged each monitoring year. Reference photographs of the vegetation plots and Site will be taken during the annual vegetation assessments. 6.3 Overview Photographs Overview photographs will be taken of the project area once a year to visually document stability for five years following construction. 6.4 Visual Assessment Visual assessments will be performed within the Site on a semi-annual basis during the five-year monitoring period. Problem areas with vegetative health will be noted (e.g. low stem density, vegetation mortality, invasive species or encroachment). Table 9: Monitoring Components — Sassarixa Swamp Mitigation Site Parameter Monitoring Feature Quantity Frequency Vegetation CVS Level 2 9 Year 1-5 CVS Level 2, Visual T5C Year 1-7 Visual Assessment Yes Semi -Annual Exotic and Nuisance Vegetation Semi -Annual Project Boundary Semi -Annual 7.0 Project Success Crita, id The project success criteria for the Site follows approved performance criteria presented in the guidance documents outlined in RFP 16-007279 and the Consolidated Buffer Rule (15A NCAC 02B .0295). Annual monitoring and semi-annual site visits will be conducted to assess the condition of the finished project. The buffer mitigation project has been assigned specific performance criteria components for vegetation. Performance criteria will be evaluated throughout the five-year post -construction monitoring. An outline of the performance criteria components follows. 7.1 Vegetation The final vegetative success criteria will be the health, survival, height, and density of at least 260 stems per acre at the end of the fifth year of monitoring, with a minimum of four native hardwood tree or Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page 16 November 2019 shrub species composition and no one species comprises more than 50 percent of stems. Vigor, species composition, and density will all be assessed. The extent of invasive species coverage will also be monitored and controlled as necessary throughout the required monitoring period. 7.2 Overview Photographs Overview photographs will be taken of the project area once a year to visually document stability for five years following construction. 7.3 Visual Assessments Visual assessments should support the specific performance standards for each metric as described above. Visual assessments will be performed within the Site on a semi-annual basis during the five-year monitoring period. Problem areas with vegetative health will be noted (e.g. low stem density, vegetation mortality, invasive species or encroachment). Areas of concern will be mapped and photographed accompanied by a written description in the annual report. Problem areas with be re-evaluated during each subsequent visual assessment. Should remedial actions be required, recommendations will be provided in the annual monitoring report. To ensure compliance with 0295 (0) (6): A visual assessment of the cattle exclusion and preservation areas within the conservation easement will also be performed each year to confirm: • No cattle access within the conservation easement area; no encroachment has occurred; diffuse flow is being maintained in the conservation easement area; and there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. • Any issues identified during the visual assessment of the cattle exclusion and preservation areas will be photographed and mapped as part of the annual monitoring report with remedial efforts proposed or documented. 7.4 Reporting Performance Criteria Using the DMS Riparian Buffer and Nutrient Offset Buffer Baseline and Annual Monitoring Report Template version 2.0 (May 2017), a baseline monitoring document and as -built record drawings of the project will be developed for the constructed Site. Complete monitoring reports will be prepared in the fall of each monitoring year and submitted to DMS. Annual monitoring reports will be based on the above referenced DMS Template (May 2017). The monitoring period will extend five years beyond completion of construction or until performance criteria have been met. One vegetation plot and additional visual monitoring for Coastal Headwaters will extend seven years beyond completion of construction or until performance criteria have been met. Closeout of buffer mitigation credits adjacent to the Coastal Headwaters will be done at IRT closeout of the stream and wetland mitigation project. 7.5 Maintenance and Contingency Plans The Wildlands Team will develop necessary adaptive measures or implement appropriate remedial actions in the event that the Site or a specific component of the Site fails to achieve the success criteria outlined above. The project -specific monitoring plan developed during the design phase will identify an appropriate threshold for maintenance intervention based on the monitored items. Any actions implemented will be designed to achieve the success criteria specified previously and will include a work schedule and updated monitoring criteria (if applicable). Sassarixa Swamp Mitigation Site Final Riparian Area Mitigation Plan DMS ID No. 100040 Page 17 November 2019 8.0 Stewardship 8.1 Long Term Stewardship The Site will be transferred to the North Carolina Department of Environmental Quality (NCDEQ) Stewardship Program. This party shall serve as conservation easement holder and long-term steward for the property and will conduct periodic inspection of the site to ensure that restrictions required in the conservation easement are upheld. The NCDEQ Stewardship Program is developing an endowment system within the non -reverting, interest -bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statue GS 113A- 232(d)(3). Interest gained by the endowment fund may be used for stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. 8.2 Adaptive Management Plan Upon completion of Site construction, Wildlands will implement the post -construction monitoring defined in Section 7. Project maintenance will be performed during the monitoring years to address minor issues as necessary. If, during annual monitoring it is determined the Site's ability to achieve Site performance standards are jeopardized, Wildlands will notify the members of DMS/NCDWR and work with the DMS/NCDWR to develop contingency plans and remedial actions. The Wildlands Team will develop necessary adaptive measures or implement appropriate remedial actions if the Site or a specific component of the Site fails to achieve the success criteria outlined above. The project -specific monitoring plan developed during the design phase will identify an appropriate threshold for maintenance intervention based on the monitored items. Any actions implemented will be designed to achieve the success criteria specified previously and will include a work schedule and updated monitoring criteria (if applicable). 9.0 References National Land Cover Database 2011 (NLCD 2011), Multi -Resolution Land Characteristics (MRLC) consortium, https://www.mrlc.gov/nlcd20ll.php Natural Resources Conservation Service (NRCS). Web Soil Survey of Johnston County. http://websoiIsurvey.nres.usda.gov/app/HomePage.htm North Carolina Division of Mitigation Services (DMS), 2016. River Basin Restoration Priority Transition Approach. North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications. http://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications North Carolina Geological Survey (NCGS), 1985, Geologic Map of North Carolina: Raleigh, North Carolina Department of Natural Resources and Community Development, Geological Survey Section, scale 1:500,00, in color. NCGS, 2013. Mineral Resources. http://deq.nc.gov/about/divisions/energy-mineral-land- resources/north-carolina-geological-survey/mineral-resources North Carolina Natural Heritage Program (NHP), 2018. Natural Heritage Element Occurrence Database, Johnston County, NC. Rob Breeding, Eastern Watershed Planner, North Carolina Ecosystem Enhancement Program (NCEEP), 2010. Neuse River Basin Restoration Priorities. United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Johnston County, NC. 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Hydrologic Unit Code (14-Digit) LNC Historic Preservation Areas Significant Natural Heritage Areas a NC Natural Heritage Program Managed Areas - Municipal Boundaries Targeted Local Watershed —303d Listed Streams Water Features Airports Figure 1. Vicinity Map Sassarixa Swamp Mitigation Site Neuse River Basin 03020201 Johnston County, NC y O_ N rl +� O 0 O u � O �o v N y Z m � I 10 210' 0 M '�0 jV'. ti ~ �►�. �6 � •� ti N ~ - m � � M 0] U \ 1 n,I--_ H�♦-------------LO / ---I �♦ / ------------ LO LO I V - N N V U - N Q � N � M U Cfl N 1 ♦ 1 , (6 Ln \ O \I 6 p / D U. 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I .lf I IenlplHdale -;y endell � 1 1 Jordan r Lake HUC 03020201 1 ' Harris r,,•-II -, Lake r-� i •,�f `� r� 1 `.f Sassarixa Swamp Mitigation Site srnNhll•:I r r Raven j Ii,,.rd 91a- k i 1 s, I•.: j Little River Buies ' Creek a NeuseSniver Sri �y r �l� SB3 Fmlh } '✓ Dunn W313tertovm yy arc• ri Lumbar 1 7 -- ` I•ring Like L rod $r.,�l i t M iliEary - Figure 10, Service Area Map Sassarixa Swamp Mitigation Site W I L D L A N D 5 0 s 10 Miles Neuse River Basin 03020201 ENGINEERING II I I I Johnston County, NC APPENDIX worer Resources rhlL lt.I►r "LNI AIL Q+IA& iY ROY COOPER MICHAEL S. R EO AN LINDA CULPEPPER i h !iHl i )i+r � �111 May 21, 2018 John Hutton DWR ID# 2018-0198 Wildlands Engineering, Inc. Johnston County 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 (via electronic mail: 'huttonru)wildlandsen .com ) 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 #16-007279). 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 'Subject Riparian land uses Buffer Nutrient Mitigation Tyne Determination Win doarian areas to Buffer 0jacent to proposed Credit Offset Credit Rule Feature 0-200 Viable Viable at 2,273 Ibs acre T1A Stream No Forested pasture Yes° Yes (non- Enhancement Site per 15A NCAC 02B .0295 (o) @ DWR flag actively grazed by forested (61 cattle areas only) T1 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 0mlins I Pnvironmentai Quality Water Resoa=N 1617 Mail Service Center Raleigh_ North Carolina 21699.1617 911) 807 6300 Sassarixa Swamp Site Wildlands Engineering, Inc May 21, 2018 Feature Classification 'Subject Riparian Land uses Buffer 2Nutrient M_ itigation Type Determination w/in riparian to Suffer 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 in the Yes° No Forested Areas - Enhancement Site per 15A (inside wovdline) NCAC 02B .0295 (o) (6) woodline) Forested pasture grazed by cattle T3 (R1) Ditch No Left Bank - Hay crop No Yes Restoration Ste 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 02B .0295 (o)(7) Right Bank -a narrow areas anly) fringe of forested i 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 viable for buffer mitigotion T3 (113) Stream Yes Forested, no cattle Yes' No Preservation Site per 15A NCAC 02B .0295 present (o)(5) T4 (R1) 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) Wetiand/ No Forested No No N/A Inconsistent channelization T5 (R1) Stream Yes Full -canopy forested Yes" No Enhancement Site per 15A NCAC 02B .0295 (a) pasture actively (6) grazed by cattle T5 Stream Yes Right Bank- Forested Yes' Yes (field Forested Areas - Preservation Site per 15A (R2-R3) Left Bank- mostly onlyf NCAC 02B (o)(5) forested with a crop field Fields - Restoration Site per 15A NCAC 026 .0295 (n) Sassarixa Swamp Site Wildlands Engineering, Inc May 21, 2018 Feature Classification 'Subiect Riparian Land uses Buffer 2Nutrient Mitigation Type_ Determination w/in riparian adjacent to proposed areas to Buffer Credit Offset Credit Rule Feature 10-200'1 Viable Viable at 2,273 ks acre T5A Stream No Full -canopy forested Yes° Na Fnhancement5ite pet I5A 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 (imparts from pasture actively note) Proposing stream restoration to reconnect T5A (see map) cattle in TS grazed by cattle stream throughout. If stream restoration is stream approved by the IRTand a stream channel is resulted in o constructed, then the new riparian areas will wetland] be viable as an Enhancement Site per 15A NCAC 02S .0295 (o) (6) T56 Stream Yes Fuli-canopy forested Yes° No Enhancement Site per 15A NCAC 02B .0295 to) 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 Headwo ter 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 026.0295 (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 - lilelhodology 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 (c)(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 WEI 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 DVVR 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 Sassarixa Swamp Site Wildlands 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) � 4 2r LL" ROY COOPER Governor MICHAEL S. PEGAN Secretary LINDA CULPEPPER Director Angela Allen Wildlands Engineering, Inc. 312 West Millbrook Rd, Suite 225 NORTH CAROLINA Environmental Quality April 3, 2019 Raleigh, NC 27609 (via electronic mail: aallenLa),wildlandseng.com ) DWR ID# 2018-0198 Johnston County Re: Site Viability for Buffer Mitigation and Nutrient Offset & Buffer- Sassarixa Swamp (T1) 2-162 Olive Rd, Smithfield, NC Neuse 03020201 (not in Falls WS) Dear Ms. Allen, On February 20, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Wildlands Engineering, Inc (WEI) to evaluate the potential for riparian buffer mitigation and nutrient offset on two additional features on the subject site. Features labeled T I B and TIC on the attached map labeled "Figure 3a Site Map" were evaluated by Sam Dailey with the US Army Corps of Engineers in March 2019 and these features were determined to be at least intermittent channels. The Site is also being proposed as part of a full -delivery stream and riparian buffer mitigation project for the Division of Mitigation Services (RFP #16-007279). Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each 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. North Carolina Department of Environmental Quality } Division of Water Resources 5I2 North Salisbury Street 1 1617 Malt Service Center l Raleigh. North Carolina 27699-1617 �0-ft r 919,707.9000 5assarixa (T113, T1Q Site Wildiands Engineering, Inc. April 3, 2019 Featur 0assification 1 u 'ect Riparian Land use Buffer r dit ?Nutrient Mitigation Type Determination to adjacent to Feature Offset wjin riparian areas -2003 Buffer viable Viable at 2,273.02 Rule l -N per acre Tl B Stream No Combination of forested and 4Yes Yes (non- Fields - Restoration Site per 15A non -forested pasture actively forested NCAC 02B .0295 (o)(3) grazed by cattle areas only) Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) TIC Stream No Forested pasture actively 'Yes Yes (ag Fields - Restoration Site per 15A grazed by cattle; ag fields at fields only) NCAC 02B .0295 (o)(3) the upstream portion Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) 'Subjectivity calls for the features were determined by DWR in correspondence dated March 21, 2019 using the 1:24,000 scale quadrangle topographic map prepared by 11SGS and the most recent printed version of the soil survey map prepared by the NRCS . '- NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Estahlishment 3The 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. 4The area described as an Enhancement Site was assessed and determined to comply with all I SA NCAC 02B .0295(o)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. 'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. Maps that are attached to this letter were prepared by WEI and initialed by Ms. Merritt on April 3, 2019. This letter should be provided in all stream and 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 DWR 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 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 April 3, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plans for this Site. Page 2 of 3 Sassarixa (T1B, T1Q Site Wildlands Engineering, Inc. April 3, 2019 Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, KAH/km Attachments: Figure 3a cc: File Copy (Katie Merritt) �,, Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 3 of 3 ROY COOPER Governor MICHAEL S. REGAN Setrerary LINDA CULPEPPER Director Angela Al ien Wildlands Engineering, Inc. 312 West MiIlbrook Rd, Suite 225 NORTH CAROLINA Envtronmental Quality October 28, 2019 Raleigh, NC 27509 (via electronic mail: aallen[arwildlandseng.com j DWR ID# 2018-0198 Johnston County Re: Site Viability for Buffer Mitigation and Nutrient Offset R Buffer- Sassarixa Swamp Re-evaluation of T4-Reach 3 2-162 Olive Rd, Smithfield, NC Neuse 03020201 (not in Falls WS) Dear Ms. Allen, On April 4, 2018 and May 21, 2018, the Division of Water Resources {DWR} issued a stream/buffer determination letter and Site Viability letter respectively, for the subject site. On October 15, 2019, DWR received a stream determination appeal request from Wildlands Engineering, Inc (Wildlands) requesting that a feature labeled T4-R3 on the subject site be re-evaluated based on a preliminary Jurisdictional Determination (JD) by the USACE showing the feature to be a perennial stream and not a linear wetland. In support of this JD, DWR issued a revised stream /buffer determination letter on October 28, 2019. T4-R3 and its riparian areas are also being proposed as part of a full -delivery stream and riparian buffer mitigation project for the Division of Mitigation Services (RFP # 15- 007279). On October 15, 2019, DWR also received a request from Wildlands to re-evaluate the potential for riparian buffer mitigation and nutrient offset along T4-R3 based on the JD by USACE. DWR's evaluation of T4-R3 and its associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each 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. This evaluation replaces the evaluations made on T4-R3 issued on May 21, 2018. North Carolina Department of En APonmental Quality I Division of Water Resourc s EQ 512 North Salisbury Street 1 1617 Mail Setvire Center I Raleigh, North Carotlna 27694-1611 919,707.9000 Sassarim (T4-R3) Site Wildlands Engineering, Inc. October 28, 2019 Feature Classinration Qnsite lsubjgct W El WYO. Bldg Rirtarlan Land uses adiacent to Feature (0-2go•) Ruffer edi Viable 2Nutrien Mitigation Type Determinatioii f4 mt- Wable at wAn riparian areas 2_.273.02 lhs7N pej acre T4 (R3) Stream (see map) Yes Forested 'Yes No Preservation Site per 15A NCAC 028 .0295 (o)(5) 'Subjectivity calls for the features were dererm'sned by DWR in corrospondonce dated October 28, 2019 using the 1:24,000 scale quadrangle topographic map prepared by U S G S and the most recent printed version of the soil survey map prepared by the- MRCS . 'VC ❑fvisron of Warer Resources - Mohodulagv and CaIculafh?= fbr derermaining MarienI Reductions associated with Ripa17an Brier Establishment 3Thc area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent t25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site c-annot he a Preservation Only site to comply with this role. The snap that is attached to this letter was prepared by Wildlands. This letter should be provided in all stream and 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 DWR 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 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 April 3, 202I or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plants for this Site. Page 2 of 3 Sassarim (T4-R3) Site Wildlands Engineering, Inc. October 28, 2019 Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, Mac Haupt, Acting Supervisor 401 and Buffer Permitting Branch MHlkm Attachments: Figure 1. Reclassification ofT4 Reach 3 map cc: File Copy (Katie Merritt) Page 3 of 3 .s R T4 Reach 3 {6/211i 8] � _ -•ice_ � 7 , = T4 Rnkcli 3 [6i21118] r r5 ' �. ., • T4 Reach 3 (612•1/18~ ti r- -P r 74 Rea[li 3•(6121118) Reach 3 6/2.4 1 8} yT: RU,l ch 3 i�121/18) ii •Y� _• , f. M'r 1ptw- 17 �n rO Rer+pl l.�ar: Yam• Y -""i. � +�.i� �_ - _ - � - - �_� 40 ��ll y_ •} �' f b _w- , - Sassarixa Swamp Mitigation Site Appendix: Overview Photographs —January 7, 2019 Sassarixa Swamp Mitigation Site Appendix: Overview Photographs —January 7, 2019