HomeMy WebLinkAbout20190661 Ver 1_BPDP for PN_20200414ID#* 20190661 Version* 1
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Katie Merritt
Initial Review Completed Date 12/09/2019
Mitigation Project Submittal - 12/9/2019
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r Stream r Wetlands W Buffer V Nutrient Offset
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Contact Name:*
Andrea Eckardt
Project Information
ID#:* 20190661
Existing IDr
Project Type: r DMS r Mitigation Bank
Project Name: Sassarixa Swamp Phase II
County: Johnston
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aeckardt@wildlandseng.com
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Bank Parcel Development Package
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
Neuse River Basin
DWR ID # 2019-0661
December 2019
V
WILDLANDS
E N G I N E E R I N G
PREPARED BY:
Wildlands Engineering, Inc.
312 West Millbrook Road, Suite 225
Raleigh, NC 27609
Phone: (919) 851-9986
Fax: (919) 851-9986
Bank Parcel Development Package
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
Neuse River Basin
TABLE OF CONTENTS
1.0 Project Location and Description......................................................................................................3
1.1 Introduction..................................................................................................................................3
1.2 Parcel Location..............................................................................................................................3
2.0 Project Area - Existing Conditions.....................................................................................................4
2.1 Parcel Features..............................................................................................................................4
2.2 Historical Land Use........................................................................................................................5
2.3 Geology and Soils..........................................................................................................................5
2.4 Existing Vegetative Communities.................................................................................................6
2.5 Threatened and Endangered Species........................................................................................... 7
2.6 Cultural Resources........................................................................................................................8
2.7 Other Environmental Conditions.................................................................................................. 8
3.0 Site Protection Instrument................................................................................................................8
4.0 Proposed Riparian Restoration & Enhancement Plan...................................................................... 9
4.1 Parcel Preparation........................................................................................................................9
4.2 Riparian Restoration Activities......................................................................................................9
4.3 Riparian Area Enhancement Activities........................................................................................10
5.0 Monitoring and Maintenance Plan.................................................................................................10
5.1 Monitoring Protocol....................................................................................................................10
5.2 Parcel Maintenance....................................................................................................................11
5.3 Easement Boundaries and Fencing.............................................................................................11
5.3 Enhancement Plan......................................................................................................................11
6.0 Financial Assurance and Long -Term Management.........................................................................11
6.1 Financial Assurances...................................................................................................................11
6.2 Long-term Management.............................................................................................................12
7.0 Mitigation Potential........................................................................................................................12
8.0 References......................................................................................................................................15
FIGURES
Figure 1 Service Area Map
Figure 2 Vicinity Map
Figure 3 Site Map
Figure 4 Soils Map
Figure 5 Buffer Mitigation Credit Determination Map
Figure 6 Riparian Zone Map
Figure 7 Monitoring Features Map
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201—BPDP 1
APPENDIX
Site Viability for Buffer Mitigation and Nutrient Offset Letter — May 21, 2018
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 — April 4, 2018
On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules and Water Quality
Standards — October 28, 2019
Notification of Jurisdictional Determination
Sassarixa Technical Memo — DWR Response — August 19, 2019
NCDMS Sassarixa Swamp Plan Sheets 1.54 - 1.55 T5C
NCDMS Sassarixa Swamp Plan Sheets 3.0 Planting Tables
Historical Aerial Photographs
Overview Photos
EDR Summary Report
State Historic Preservation Office (SHPO) — February 28, 2017
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201—BPDP
Bank Parcel Development Package
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
Neuse River Basin
The Sassarixa Swamp II Buffer Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel") is proposed
under the terms and conditions of the Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Banking
Instrument (MBI), made and entered into by Wildlands Holdings 111, LLC, acting as Bank Sponsor
(Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ) Division of Water
Resources (NCDWR). The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B
.0240, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295 which became effective on
November 1, 2015. The development of the Parcel is in conjunction with the NC Division of Mitigation
Services (NCDMS) Sassarixa Swamp Stream and Riparian Buffer Mitigation Site (DWR Project No. 2018-
00432).
The project includes restoring the riparian areas along ten tributaries in Johnston County, NC. The
primary purpose of the Bank is to provide riparian buffer mitigation credits and potential nutrient offset
credits to compensate for unavoidable buffer impacts in the 03020201 Hydrologic Unit Code (HUC) of
the Neuse River Basin, excluding Falls Lake Watershed. Parcel service area is depicted in Figure 1.
1.0 Project Location and Description
1.1 Introduction
This Parcel is being proposed to provide nutrient offset and buffer mitigation through the creation of a
Buffer and Nutrient Offset Bank. The Parcel involves restoring riparian areas adjacent to the NCDMS
Sassarixa Swamp Stream and Riparian Buffer Mitigation Project (OMS #100040) provided by Wildlands
Engineering, Inc. As part of the Parcel, approximately 26. 71 acres will be protected with a permanent
conservation easement along four tributaries to Sassarixa Creek (Tl, TlA, TlB, and T3) and six
tributaries to Black Creek (T4, TS, TSA, TSB, TSC and T6). The NCDMS project includes a proposed
conservation easement that extends 50 feet from the top of bank of the mitigated streams. The Parcel's
proposed conservation easement area extends beyond the OMS easement, for a maximum of 200 feet
from the top of bank of the mitigated streams.
Of the 26.71 acres being protected by the conservation easement, approximately 6.06 acres are deemed
suitable to generate either riparian buffer mitigation or nutrient offset . An additional 2.4 acres are
suitable for riparian buffer credit only via enhancement and 2.94 acres via restored coastal headwaters
and 14.292 acres are suitable for nutrient offset credit only. In general, riparian buffer credits for the
Sassarixa Swamp II Mitigation Bank Parcel will extend from 50 feet to 100 feet from the top of bank of
eligible features and from 101 feet to 200 feet from the top of bank for nutrient offset credits, unless
otherwise noted in this report.
1.2 Parcel Location
The Parcel is located approximately six miles southwest of Smithfield and five miles north of Four Oaks.
The Parcel is located within the 14-digit HUC 03020201130030 and the NCDWR Sub-basin 03-04-04 of the
Neuse River Basin (Figure 2).
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
Sassarixa Swamp 11 Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201-BPDP 3
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.
Project Area - Existing Conditions
2.1 Parcel Features
The project includes restoring the riparian areas along four unnamed tributaries to Sassarixa Swamp,
along with six unnamed tributaries to Black Creek as shown on Figure 3 and listed in Table 1. The Parcel
will be adjacent to the NCDMS Sassarixa Swamp Stream and Riparian Buffer Mitigation Full Delivery
Project. The Parcel is located in the 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 in the TLW. Stressors for this TLW
include impervious surfaces, disturbed riparian buffers, and agricultural land use/animal operations. The
Site addresses the TLW stressors of agricultural land use/animal operations, as it is an active cattle farm,
and the lack of protected riparian buffers. 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).
The project streams drain directly into Holts lake, which is a recreational lake classified as a Nutrient
Sensitive Water (NSW), which drains to the Neuse River, which is a water supply for the City of
Goldsboro.
Table 1. Project Features Descriptions —Sassarixa Swamp II Bank Parcel Development Package
Feature Name Stream Type
Buffer Credit
Viable
Nutrient Offset
Viable*
T1 Intermittent Yes Yes
T1A Intermittent Yes Yes
T113 Intermittent Yes Yes
T3 Ditch No Yes
T3 Ephemeral Yes Yes
T3 Intermittent Yes No
T4 Intermittent Yes Yes
T5 Intermittent Yes Yes
T5A Intermittent Yes No
T513 Intermittent Yes No
T5C Headwater Wetlands Yes No
T6 Intermittent Yes Yes
Nutrient Offset is viable in non forested areas only
On April 26, 2018, Ms. Katie Merritt, with DWR, conducted on -site determinations to review features
and land use within the project boundary for the NCDMS Sassarixa Swamp Stream Mitigation Project. 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 on April 3, 2019
from Ms. Katie Merritt. The resulting DWR site viability letters and maps confirming the Site as suitable
for riparian buffer mitigation and nutrient offset credit is enclosed in the Appendix.
In addition to riparian 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: riparian restoration
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201—BPDP 4
on ephemeral channels and coastal headwater streams. The proposed project is in compliance with
these rules in the following ways:
Buffer Restoration on Ephemeral Channels (15A NCAC 02B 0.0295(o)(7)):
NCDWR performed an evaluation of the Site and identified the perennial, intermittent, and
ephemeral channels on the property (Figure 2).
The mitigation area on the Site's ephemeral channels is located completely within their drainage
areas (Figure 4).
The ephemeral channels are directly connected to intermittent or perennial stream channels
and will be protected under the same contiguous easement boundary (Figure 2).
The mitigation area on the ephemeral channels is less than 25% of the total buffer mitigation
area on the Site (Table 3).
Buffer Restoration on Coastal Headwater Streams 15A NCAC 02B .0295 (o)(2):
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 (Appendix).
Area of the buffer shall be measured perpendicular to the length of the valley being restored
Figure 5).
The area within the proposed buffer mitigation site shall not also be used as wetland mitigation.
Along with buffer restoration, Sassarixa Swamp II Bank Parcel will also include nutrient offset to the
Neuse River Basin per the 15A NCAC 02B .0240 Nutrient Offset Payments. Photos showing current site
conditions (as of January 2019) of the Parcel are provided in the Appendix.
2.2 Historical Land Use
Historic USDA aerial photographs from 1950 to 2012, located in the appendix, showed that there has
been little change in the location and extents of forested and agricultural areas between 1950 and 2012.
The only major change was the installation of a farm pond in the agricultural field along T2 between
1973 and 1993 and the addition of the large pond below T5A, T5B, and T5C between 1950 and 1961.
2.3 Geology and Soils
The Site is located in the Rolling Coastal Plain of the Coastal Plain physiographic province. The Coastal
Plain is characterized by relatively flat terraces of primarily unconsolidated sediments and carbonate
rocks ranging in age from Cretaceous to Quarternary. These layered materials accumulated as sediments
deposited in what was once a shallow ocean or shelf interface along a shallow ocean. The deposits form
roughly parallel belts that trend southwest to northeast. The site is located in the belt called the
Middendorf Formation (km), which formed during the Cretaceous period. The Middendorf formation is
deeply weathered and consists mainly of layered delta plain to fluvial deposit. Sediments are layered in
think black clay and light-colored sand layers consisting of sand, sandstone, and mudstone. Sands are
primarily quartz; however, outcrops of feldspar may be up to 15 percent. Due to the weathered
condition of the soils and base geology, no exposed bedrock is located on site.
The predominant floodplain soils on site described in Table 2 and Figure 4 are based on the U.S.
Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Soil Survey for
Johnston County (USDA, 1994).
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
VAW HUC 03020201—BPDP
Table 2. Project Soil Types and Descriptions — Sassarixa Swamp II Bank Parcel Development Package
Soil Name Location Description
Gilead sandy
Found on the These soils are moderately well drained with a surface layer of pale
loam middle portion of brown sandy loam 5 inches thick. The upper 4 inches of subsoil is a
the easement strong brown sand clay loam. The next 6 inches is yellowish brown
slopes) -
sandy clay loam. The next 5 inches is yellowish brown clay loam that
eBGeB
has gray and red mottles.
Found on the These moderately well drained soils can be found on side slopes in the
Gilead sandy middle portion of uplands on Coastal Plains. The surface layer is pale brown sandy loam 5
loam the easement inches thick. The upper 4 inches of the subsoils are strong brown sandy
8-15% slopes)- clay loam. The next 6 inches are yellowish brown sandy clay loam. The
GeD next 5 inches are yellowish brown clay loam that has gray and red
mottles.
Cowarts sandy
Found on the west This series consists of well -drained soil in the uplands on the Coastal
loam portion of Plain. The surface layer is yellowish brown loamy sandy 6 inches thick.
2-6% slopes) -
easement The upper 10 inches of subsoils is yellowish brown sandy clay loam. The
CoB next 12 inches is yellowish brown sandy clay loam that has brown and
red mottles.
Nason silt loam Found on the This series consists of well -drained soil on uplands. The surface layer is
15-25% slopes) - middle left portion grayish -brown silt loam 2 inches thick. The subsoil is 30 inches of
NnE of easement yellowish -brown silty clay and silty clay loam.
Norfolk loamy
A small section These soils are well drained on slightly rounded ridges and side sloped
sand
found on the in the uplands on the Coastal Plain. The surface layer is dark brown
2-6% slopes) -
middle bottom loamy sand 11 inches thick. The subsurface layer is light yellowish-
NoB
easement brown loamy sand 5 inches thick. The subsoil is more than 44 inches of
yellowish -brown sandy clay loam.
Uchee loamy
Found on the This series consists of well -drained soil on rides and side slopes. The
sand
middle left of the surface layer is grayish brown loamy coarse sand 10 inches thick. The
easement subsurface layer is light yellowish brown loamy coarse sand 20 inches
slopes) -
thick. The upper 11 inches of the subsoil is yellowish brown sandy clay
UcBcB
loam that has red and yellow mottles.
Bibb sandy loam
Found on the east This is a poorly drained soil on floodplains. The surface layer is very
and west dark grayish brown sandy loam 5 inches thick, with underlying material
0-2%slopes) -
easements to a depth of more than 60 inches that is stratifies light gray sand or
Bn
loamy sand and grayish brown sandy loam.
Found on the This nearly level, poorly drained soil is on floodplains, generally
Wehadkee loam middle bottom along streams. The surface layer is dark brown loam 7 inches
0-2% slopes)- easement thick. The upper 11 inches of the subsoil is light brownish gray
Wt loam that has brown mottles. The lower 31 inches is gray clay
loam that has brown mottles.
2.4 Existing Vegetative Communities
Three sections on site lack a riparian buffer: the upstream end of T1, 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 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
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201—BPDP
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 downstream end of T4. 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 sinense) and Japanese honeysuckle (Lonicera japonica).
2.5 Threatened and Endangered Species
The US Fish and Wildlife Service (USFWS) and the NC Natural Heritage Program (NHP) databases were
searched for federally listed threatened and endangered plant and animal species in Johnston County,
NC. Five species were identified as threatened or endangered currently listed in Johnston County (Table
3).
Table 3. Listed Threatened and Endangered Species in Johnston County, NC —Sassarixa Swamp II Bank Parcel
Development Package
Species
Federal
Status
HabitatCommonScientific
Name Name
Red -
Picoides Found in mature pine forests, these birds bore cavities inside ofcockadedEndangered
borealis living pine trees
woodpecker
Inhabit a wide range of stream sizes and types from small
Dwarf wedge AlasmiddIo Endangered streams to large rivers. Known to live in substrates includingmusselheterodon
clay, sand, gravel, pebble, and some silt depositional areas
Tar River Parvaspina Live mostly in silt -free unconsolidated beds of coarse sand andEndangered
spinymussel steinstansana gravel. Prefer faster flowing, well oxygenated streams.
Lives in coarse to medium clean sand, and sometimes gravel.
Elliptio Usually found in the downstream portion of sand and gravelYellowlanceThreatened
lanceolate bars. Requires clean, well oxygenated water with moderate
flows. Found in small to medium streams.
Michaux's Rhus
Endangered Woodland edges, woodland, sandhills and sandy forest.
sumac michauxii
The project does not include any work in the stream or within 50 feet of the stream; therefore, will have
no effect" on the yellow lance, dwarf wedge mussel, and tar river spinymussel. A pedestrian survey was
conducted on April 10, 2018 indicated that the Parcel did not provide suitable habitat for the red -
cockaded woodpecker but did provide suitable habitat for the Michaux's sumac. However, Michaux's
sumac was not found on site. Therefore, due to the absence of Michaux's sumac, the project has been
determined by Wildlands to have "no effect". The USFWS was contacted on February 5, 2018 in respect
to the Sassarixa Swamp Stream 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".
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201—BPDP
2.6 Cultural Resources
Review and comment from the State Historic Preservation Office (SHPO) with respect to any
archeological and architectural resources related to the Parcel was requested on February 2, 2018 as
part of the Sassarixa Swamp Stream Mitigation Site. SHPO responded on February 28, 2018 and
determined they were not aware of any historic resources which would be affected by the project. All
correspondence is included in the Appendix.
2.7 Other Environmental Conditions
An EDR Radius Map Report with Geocheck was ordered for the Parcel on January 29, 2018 through
Environmental Data Resources, Inc. Neither the target property nor the adjacent properties were 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 or immediately adjacent to the project area. The
Executive Summary of the EDR report is included in the Appendix.
Site Protection Instrument
The NCDMS Sassarixa Swamp Mitigation Site easement encompasses top of bank out to 51-100 feet.
Activities within this easement include planting of the riparian buffer with trees from the top of bank to
the edge of the DMS easement. Where trees already exist, the forests will be protected under the
easement. This planting will extend to the boundary of the Bank Parcel. The Sassarixa Swamp II Bank
Parcel extends beyond the NCDMS easement boundary to 200' from top of bank, with no overlapping
easements. Mitigation activities on the Parcel, described in Sections 4.1 through 4.3, will be performed
concurrently with the NCDMS Sassarixa Swamp Mitigation Site, including recording of conservation
easements, construction, fencing, and planting. There will be no breaks in planting between the two
projects. The land required for buffer planting, management, and stewardship of the mitigation projects
includes portions of the parcels listed in Table 4. The Parcel will remain in private ownership, protected
in its entirety by an approved NCDWR long term stewardship, and will be managed under the terms
detailed in an approved NCDWR conservation easement.
Table 4. Site Protection Instrument — Sassarixa Swamp II Bank Parcel Development Package
Sassarixa
Deed NCDMS
Site Swamp IIgookandSassarixa
Landowner PIN County Protection Bank Parcel
Page Swamp Acreage
Instrument Acreage to
Number to be Protected
be Protected
Hunter E. Olive 166200-58-6572 Conservation DB: 3624
Johnston 25.94 12.43
Janie E. Olive 166200-59-2333 Easement PG: 581
Junes Jones Olive 166200-88-5084 Conservation DB: 3719
Johnston 14.56 3.12
Revocable Trust 166200-85-0452 Easement PG: 717
Junes Jones Olive
166200-57-0481 Conservation DB: 3719
Revocable Trust Johnston 35.81 2.58
167200-17-2303 Easement PG: 717
Hunter E. Oliver
Mary Hunter Olive -
Waller Conservation DB:4358
166200-49-5125 Johnston 1.52 N/A
Todd Franklin Waller Easement PG: 908
Amanda J. Olive
Tami Olive Thompson
David Thompson Conservation DB: 3719
166200-66-6896 Johnston 5.46 2.65
Junes Jones Olive Easement PG: 717
Revocable Trust
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201—BPDP
Sassarixa
Deed NCDMS
Site Swamp IIgookandSassarixa
Landowner PIN County Protection Bank Parcel
Page Swamp AcreageInstrument Acreage to
Number to be Protected
be Protected
Conservation DB: 4606
Matthew T. Keen 167200-06-5717 Johnston 2.04 3.21
Easement PG:183
Conservation DB: 3719
Tami Olive Thompson 166200-79-8148 Johnston 4.71 2.67
Easement PG:717
Proposed Riparian Restoration & Enhancement Plan
Developing the Parcel for mitigation will require converting existing agriculture land use practices
adjacent to mitigated streams into riparian forest. The riparian areas will involve replanting appropriate
native tree species along the project corridors. Vegetation management and herbicide applications may
be needed during the first year of tree establishment in the restoration areas to control establishment
of invasive species that could out compete the planted native species. All riparian restoration activities
will commence in concurrence with the Sassarixa Swamp Stream Mitigation Site 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. More
detailed descriptions of the proposed restoration and enhancement activities follow in Sections 4.1-4.3.
4.1 Parcel Preparation
Both the Parcel and the DMS Sassarixa Swamp Mitigation Site will require site preparation which may
include select herbicide treatments, limited mechanical clearing to remove undesirable underbrush or
invasive species, and reduction in soil compaction and pasture grass competition.
4.2 Riparian Restoration Activities
The revegetation plan for the entire buffer restoration area will include permanent seeding, planting
bare root trees, live stakes, and herbaceous plugs and controlling invasive species growth. The specific
species composition to be planted was selected based on the community type, observation of
occurrence of species in riparian buffers adjacent to the Parcel, and best professional judgement on
species establishment and anticipated site conditions in the early years following project
implementation. Species chosen for the planting plan are listed in Table 5 below.
Table 5. Selected Tree Species — Sassarixa Swamp II Bank Parcel Development Package
Species Common Name
Max
Spacing
Min. Caliper Size
of Bareroots
Indiv.
Spacing
of
Stems
Quercus nigra Water Oak 12 ft 0.25"-1.0" 6-12 ft 1442
Populus deltoides Eastern Cottonwood 12 ft 0.25"-1.0" 6-12 ft 1442
Quercus phellos Willow Oak 12 ft 0.25"-1.0" 6-12 ft 2162
Platanus occidentalis Sycamore 12 ft 0.25"-1.0" 6-12 ft 2883
Betula nigra River Birch 12 ft 0.25"-1.0" 6-12 ft 2883
Quercus michauxii Swamp Chestnut Oak 12 ft 0.25"-1.0" 6-12 ft 2162
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201—BPDP
Species Common Name Max Min. Caliper Size lndiv. #of
Spacing of Bareroots Spacing Stems
Magnolia virginiana Sweetbay Magnolia 12 ft 0.25"-1.0" 6-12 ft 1442
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 to provide temporary and
permanent ground cover for soil stabilization and reduction of sediment loss during rain events in areas
without existing herbaceous cover. The proposed seed mix will be the same mix used in the NCDMS
Sassarixa Swamp riparian activities which is shown in the Appendix. Planting is scheduled for Winter
2020-Spring 2021 and will be in conjunction with the NCDMS Sassarixa Swamp Mitigation Site planting.
4.3 Riparian Area Enhancement Activities
Cattle will be excluded in the buffer enhancement areas as followed by 15A NCAC 02B .0295(0). The
enhancement area will be protected in perpetuity under a conservation easement. The proposed
fencing boundary is shown on Figure 5.
5.0 Monitoring and Mainte nance Plan
5.1 Monitoring Protocol
Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration
and/or nutrient offset, and coastal headwater buffer restoration areas to measure the survival of the
planted trees. The plots will be randomly placed throughout the planted riparian areas. A total of 19
plots will be established within the riparian buffer restoration and enhancement credit generation areas
(Figure 7). The size of individual quadrants will be 100 square meters for woody tree species.
Vegetation assessments will be conducted following the Carolina Vegetation Survey (CVS) Level 2
Protocol for Recording Vegetation (2008). A reference photo will be taken from the southwestern corner
of each of the 19 plots. Photos will be taken from all photo points each monitoring year and provided in
the annual reports. All planted stems will be marked with flagging tape and recorded.
Planting is scheduled for winter 2020. The first annual monitoring activities will commence at the end of
the first growing season, at least five months after planting has been completed and no earlier than the
fall season. Species composition, height, vigor, and survival rates will be evaluated on an annual basis by
plot. The total number of volunteer woody stems will also be documented and reported. Appropriate
and desirable native volunteer species may be included to meet the performance standards with DWR
approval. The measures of vegetative success for the Parcel will be the survival of at least 4 native
hardwood tree species, where no one species is greater than 50% of the established stems, at a density
of at least 260 planted trees per acre at the end of Year five for buffer restoration and/or nutrient offset.
For coastal headwater buffer restoration areas under Rule 15A NCAC 02B .0295 (o)(2) the vegetative
success criteria is the survival of 260 planted stems per acre at the end of Year five and 210 planted
stems per acre at the end of Year seven. Success for coastal headwaters vegetation is also tied to the
success of the coastal headwater on site, T5C. As state in the NCDMS Sassarixa Swamp Mitigation Plan,
visual monitoring will take place for seven years to insure T5C stays a coastal headwater and will be
reported in the annual Monitoring Reports for both the NCDMS Mitigation Site and the Parcel.
The Sponsor shall submit the annual monitoring report to NCDWR by December 3l51 of each year for
seven consecutive years and will follow the terms and conditions of the MBI.
Sassarixa Swamp 11 Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201-BPDP 10
5.2 Parcel Maintenance
In the event that the Parcel or a specific component of the Parcel fails to achieve the success criteria
outlined in Section 5.1, adaptive measures will be developed, or appropriate remedial actions will be
implemented. Site maintenance will be performed to correct any identified problems on the Parcel that
have a high likelihood of affecting project success. Such items include, but are not limited to, fire,
flooding, drought, or insects that cause excess tree mortality. Any actions implemented will be designed
to achieve the success criteria and will include a work schedule and updated monitoring criteria. Any
parcel maintenance performed will be included in the monitoring report for that year. A rigorous
herbicide schedule may need to be implemented in the first few years of tree establishment in the
restoration areas to prevent establishment of invasive species that may out -compete the planted native
vegetation. The only herbicides used on the Parcel will be aquatic approved herbicides that will be
applied in accordance with North Carolina Department of Agriculture rules and regulations. The
easement boundary will be checked annually as part of monitoring activities and the conditions as well
as any maintenance performed will be reported in the annual monitoring reports to NCDWR.
5.3 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by fence, marker, post, tree -blazing, or other means as
allowed by site conditions and/or conservation easement. Boundary markers will be installed prior to As -
Built report submittal to NCDWR. Boundary markers disturbed, damaged, or destroyed will be repaired
and/or replaced on an as needed basis. Contact information for the conservation easement holder will be
included on easement markers.
5.3 Enhancement Plan
To ensure compliance with 0295 (0) (6): A visual assessment of the cattle exclusion 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 areas will be
photographed and mapped as part of the annual monitoring report with remedial efforts
proposed or documented.
6.0 Financial Assurance and Long -Term Management
6.1 Financial Assurances
Following approval of the Sassarixa Swamp II Bank Parcel Development Package, the Sponsor shall
provide a Performance Bond from a surety that is rated no less than an "A-" as rated by A.M. Best. The
Performance Bond amount shall be 100% of the estimated cost for implementation of the project as
described in the BPDP, but not less than $150,000.00. In lieu of posting the performance bond, the
Sponsor may elect to construct the project prior to the first credit release. In that case no performance
bond will be necessary.
After completion of the restoration/construction, a separate Performance/Maintenance Bond will be
secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less
than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
VAW HUC 03020201—BPDP 11
period for a term of one year, to be extended annually for a minimum of five years. Upon NCDWR
approval, this may be lowered each year based on the adjusted cost to complete the monitoring.
Performance bonds for monitoring shall be renewed at least annually to cover the next years monitoring
period, with confirmation of renewal provided to NCDWR with each annual monitoring report when
applicable. NCDWR reserves the right to alter the credit release schedule if monitoring reports are
submitted without proof of bond renewals when applicable.
6.2 Long-term Management
Prior to the end of the fourth year monitoring period, the Sponsor shall choose a long term steward. The
Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term
stewardship, and will be managed under the terms detailed in an approved NCDWR conservation
easement as noted in the Sassarixa Swamp II Mitigation Banking Instrument. The long-term manager will
be responsible for periodic inspection of the Parcel to ensure that the restrictions documented in the
recorded easement are upheld in perpetuity.
Mitigation Potential
Approximately 26.71 acres will be protected with a permanent conservation easement. Out of the 26.71
acres (1,163,381 square feet), a total of 6.06 acres (263,602 square feet) of riparian areas will be
restored that are viable for either Neuse riparian buffer credit or nutrient offset credit (Figure 5). Areas
only viable for Neuse riparian buffer credit are 2.95 acres (128,683 square feet) of restored coastal
headwater riparian areas and 2.40 acres (104,648 square feet) enhanced riparian areas. An additional
14.29 acres (622,565 square feet) will be restored for nutrient offset credit only.
Mitigation activities per drainage feature are outlined in Table 5. These acreages were calculated prior
to applying any reductions in riparian buffer credits for areas between 101 feet and 200 feet from top of
bank, per 15A NCAC 02B.0295(n) or the 2:1 credit ratio on the enhancement of rural streams
respectively, per 15A NCAC 02B .0295(m). After applying the percent (%) reduction in credits and credit
ratios, the Sassarixa Swamp II Bank Parcel includes 22.54 creditable acres. From those 22.54 acres the
Sponsor is requesting 8.25 acres be used to generate riparian buffer credit for a total of 325,802 ft' and
14.29 acres (32,486.274 lbs.-Nitrogen) to be used to generate credit releases for nutrient offset credits,
which is summarized in Tables 6a and 6b.
The Sponsor will maintain four credit ledgers. The first credit ledger will account for riparian buffer
credits that are not transferable to Nutrient Offset, the second for Riparian Buffer Credits that are
transferable to Nutrient Offset, the third accounts for Nitrogen nutrient offsets that are not transferable
to Riparian Buffer Credits, and the fourth is to account for Nitrogen nutrient offsets that are transferable
to Riparian Buffer Credits. The Sponsor must request and receive approval from NCDWR prior to any
credit conversions and transfers to the credit ledgers. With each conversion and transfer request
submitted to the NCDWR, the Sponsor will provide all updated credit ledgers showing all transactions
that have occurred up to the date of the request.
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
VAW HUC 03020201—BPDP 12
Table 6a: Potential Riparian Buffer Credit and Nutrient Offset Generation per Feature — Sassarixa Swamp II Bank Parcel Development Package
Min-
Initial
Max Total Riparian Convertible Nutrient
Credit Feature Mitigation Feature Credit Full
Subject? Buffer Area Creditable Buffer to Nutrient Offset: N Type
Type Activity Name Ratio Credit Width
sf) Area (sf) Credits Offset? Ibs) x:
1) ft)
T1,
T1A, T113, Buffer
Yes I / P Restoration 0-100 T3, T4, T5, 233,268 233,268 1 100% 233,268.00 Yes 12,172.24 TSA,
TSB, T6 T1,
T1A, T1B, Nutrient
Yes
I / P Restoration 101-200 T3, T4, T5, 484,416 484,416 1 L59,857.2f Yes 25,277.47 Offset
TSA,
TSB, T6 Coastal
Buffer
Yes Restoration 0-100 T5C 29,455 29,455 1 100% 29,455.00 No Headwater
Coastal
Buffer
Yes Restoration 101-200 T5C 99,228 99,228 1 33% 32,745.24 No Headwater
Buffer
No Ephemeral Restoration 0-100 T3 30,334 30,334 1 100% 30,334.00 No Enhancement
Buffer
Yes I / P via Cattle 0-100 T1A,
T1, T3, 48,
212 48,212 2 100% 24,106.00 No TSB,
T6 Exclusion
Enhancement
Buffer
Yes I / P via Cattle 101-200 T1A, T1, T3 56,436 56,436 2 33% 9,311.28 No Exclusion
Nutrient
Offset
No
Ditch Restoration 0-100 Ditch 74,370 74, 370 1 Y'' - -- Yes 3,880.73 Nutrient
No
Ditch Restoration 101-200 Ditch 63,779 63,779 1 21,047.07 Yes 3,328.07 Offset
Creditable
Area Subtotal (sf): 1,119,498 Creditable
Area Subtotal minus Nutrient Offset Area (sf): 496,933 Ephemeral
Reaches as % Total Area of Buffer Mitigation: 2.7% Sassarixa
Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel HUC
03020201—BPDP 13
Task
1
2
3
4
5
6
7
8
9
10
11
Table 6b: Requested Riparian Buffer Credit and Nutrient Offset Credit Summary-Sassarixa Swamp II Bank Parcel
Development Package
TOTAL RIPARIAN BUFFER MITIGATION CREDITS
Mitigation Totals Square Feet Credits
Restoration: 392,285 325,802
Enhancement: 104,648 33,417
Total Riparian Buffer: 496,933 359,220
TOTAL NUTRIENT OFFSET MITIGATION CREDITS
Mitigation Totals Square Feet Credits
Nutrient Nitrogen: 622,565 32,486.274 Offset:
Upon submittal of the appropriate documentation by the Sponsor, and subsequent approval by DWR,
the mitigation credits associated with Sassarixa Swamp II Parcel will be released as described in Table 7
below.
Table 7 - Credit Release Schedule -Sassarixa Swamp II Bank Parcel Development Package
% Credit % Riparian Buffer Credit
Project Milestone Available Release within Coastal
for Sale Headwaters Areas
Instrument and BPDP Approved by DWR, Conservation Easement Recorded, 20 None Financial Assurance Posted, and Draft Stream Mitigation Plan Approved by IRT
Mitigation Site Earthwork, Planting and Installation of Monitoring Devices 20 None Completed, and all Applicable Permits Obtained
Monitoring Financial Assurance Posted and Approval of As-Built Report 10 25
Monitoring Report #1: Approved by the DWR * & financial assurance renewed 10 10
Monitoring Report #2: Approved by the DWR * & financial assurance renewed 10 10
Monitoring Report #3: Approved by the DWR * & financial assurance renewed 10 5
Item B(l) of Section X in this Instrument has been completed and approved by 5 5 DWR
No remaining credits will be released until the conservation easement has
been assigned to an approved land trust or stewardship
Monitoring Report #4: Approved by the DWR * & financial assurance renewed 5 5
10 20
Monitoring Report #5: Approved by the DWR* & financial assurance renewed
for coastal headwater buffer areas, and final site visit by DWR has been
conducted for buffer mitigation & nutrient offset areas excluding coastal HW
Monitoring Report #6: Approved by the DWR* & financial assurance renewed N/A 10 for coastal headwater buffer areas
Monitoring Report #7: Approved by the DWR* & final site visit by DWR has N/A 10 been conducted for coastal headwater buffer areas
Total 100% 100%
*DWR Approval provided upon a determination that the site is meeting success criteria contained within the
approved Plan and corresponding Stream Mitigation Plan where applicable
Sassarixa Swamp 11 Nutrient Offset and Buffer Mitigation Bank Parcel
HUC 03020201-BPDP 14
References
North Carolina Division of Mitigation Services (DMS), 2016. River Basin Restoration Priority Transition
Approach.
North Carolina Geological Survey (NCGS), 2009. Mineral Resources.
http://www.geology.enr.state.nc.us/Mineral%20resources/mineraIresources.htmI
Rob Breeding, Eastern Watershed Planner, North Carolina Ecosystem Enhancement Program (NCEEP),
2010. Neuse River Basin Restoration Priorities.
USDA, Soil Conservation Service, 1994. Soil Survey of Johnston County.
Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel
VAW HUC 03020201—BPDP 15
FIGURES
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Figure 3. Site Map
W I L D L A AT D S
Sassarixa Swamp II Bank Parcel
ENCslNEEFtIniC+
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Figure 4. Soils Map
Sassarixa Swamp II Bank Parcel
Bank Parcel Development Package
0 600 1,200 Feet Neuse River Basin 03020201
I I I I I
Johnston County, NC
W
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ENGINEERING
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i
Sassarixa Swamp II Bank Parcel Conservation Easement
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Coastal Headwater Buffer Restoration (101'-200')
Cattle Exclusion (51'-100')
Cattle Exclusion (101'-200')
Nutrient Offset (TOB-200')
INo Credit
Figure S.Buffer Credit Determination Map
Sassarixa Swamp II Bank Parcel
Bank Parcel Development Package
Neuse River Basin 03020201
Johnston County, NC
Figure 6. Riparian Buffer Zones Map
W,WILDLANDS Sassarixa Swamp II Bank Parcel
ENGINEERING Bank Parcel Development Package
0 600 1,200 Feet Neuse River Basin 03020201
1 1 1 1 I
Johnston County, NC
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Sassarixa Swamp II Bank Parcel Conservation Easement
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W I L D L A N D S Sassarixa Swamp II Bank Parcel
E N G I N E E R I N Gs Bank Parcel Development Package
0 600 1,200 Feet Neuse River Basin 03020201
I I I I I
Johnston County, NC
APPENDIX
Wa ter Resources
ENVIRONMENTAL QUALITY
ROY COOPER
GoIcinor
MICHAEL S. REGAN
sccrc/m I
LINDA CULPEPPER
Liierim Direclor
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: jhuttonAwildlandseng 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 JOB) 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 Subiect Riparian Land uses Buffer 2Nutrient Mitigation Type Determination w/in riparian
to Buffer adjacent to proposed areasCreditOffsetCredit
Rule Feature (0-2001 Viable atViable
2,273
Ibs acre
T1A Stream No Forested pasture Yes4 Yes (non- Enhancement Site per 15A NCAC 02B .0295 (o)
@ DWR flag actively grazed by forested 6)
cattle areas only)
Ti Stream Yes Forested & Non- Yes° 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 02B .0295 (o) (6)
Sassarixa Stream Yes Forested pasture Yes^ No Forested Areas - Enhancement Site per 15A
Creek grazed by cattle NCAC 02B .0295 (o) (6)
R2-R3)
No cattle observed in riparian areas below R-3
see map)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center Raleigh, North Carolina 27699-1617
919 807 6300
Sassarixa Swamp Site
Wildlands Engineering, Inc
May 21, 2018
Feature Classification 15ubiect Riparian Land uses Buffer ZNutrient Mitigation Type Determination w/in riparian
to Buffer adjacent to proposed areasCreditOffsetCredit
Rule Feature (0-2001 Viable atViable
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 woodline) NCAC 02B .0295 (o) (6)
woodline) Forested pasture
grazed by cattle
T3 (R1) Ditch No Left Bank — Hay crop No Yes Restoration Site per 15A NCAC 02B .0295 (n)
fields
Right Bank— Non -
forested pasture
grazed by cattle
T3 (112) Ephemeral No Left Bank- hay crop Yes3.5 Yes (non- Forested Areas - Preservation Site per 15A
fields and forest forested NCAC 02B .0295 (o)(7)
Right Bank — a narrow areas only)
fringe of forested Fields - Restoration Site per 15A NCAC 02B
areas; fields are 0295 (o)(7)
actively grazed by
cattle. Must meet additional requirements under
0295 (o)(7) to be viable for buffer mitigation
T3 (113) Stream Yes Forested, no cattle Yes3 No Preservation Site per 15A NCAC 02B .0295
present o)(5)
T4 (R1) Stream 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 (R2) Stream 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 (113) Wetland/ No Forested No No N/A
Inconsistent
channelization
T5 (R1) Stream Yes Full -canopy forested Yes" No Enhancement Site per 15A NCAC 02B .0295 (o)
pasture actively 6)
grazed by cattle
T5 Stream Yes Right Bank- Forested Yes3 Yes (field Forested Areas - Preservation Site per 15A
112-113) Left Bank- mostly only) NCAC 02B (o)(5)
forested with a crop
field Fields - Restoration Site per 15A NCAC 02B
0295 (n)
214
Sassarixa Swamp Site
Wildlands Engineering, Inc
May 21, 2018
Feature Classification Subiect Riparian Land uses Buffer 2Nutrient Mitigation Type Determination w/in riparian
to Buffer adjacent to proposed areasCreditOffsetCredit
Rule Feature (0-2001 Viable atViable
2,273
Ibs acre
T5A Stream No Full -canopy forested Yes4 No Enhancement Site per 15A NCAC 02B .0295 (o)
pasture actively 6)
grazed by cattle with
adjacent ag fields
T5A Wetland No Full -canopy forested see No Mitigation Note:
Wetland impacts from pasture actively note) Proposing stream restoration to reconnect T5A
see map) cattle in T5 grazed by cattle stream throughout. If stream restoration is
stream approved by the IRT and a stream channel is
resulted in a constructed, then the new riparian areas will
wetland) be viable as an Enhancement Site per 15A
NCAC 02B .0295 (o) (6)
T513 Stream Yes Full -canopy forested Yes4 No Enhancement Site per 15A NCAC 02B .0295 (a)
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 (o)(2)
Wetland agriculture fields only)
complex Must be approved by the IRT as a Coastal
Headwater Stream Mitigation Site to be viable
for credit.
T6 Stream Yes Combination of Yes4 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 DWR in correspondence dated April 5, 2018 and April 6, 2018
using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil
survey map prepared by the NRCS.
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total
area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation only site
to comply with this rule.
The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B
0295(o)(6).
The area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total area of
buffer mitigation per 15A NCAC 02B .0295 (o)(7).
Maps that are attached to this letter were provided by 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 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
3 I 4
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 DWR, 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/km
Attachments: Figure 6A
cc: File Copy (Katie Merritt)
DMS — Jeff Schaffer (via electronic mail)
414
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
April 3, 2019
Angela Allen DWR ID# 2018-0198
Wildlands Engineering, Inc. Johnston County
312 West Millbrook Rd, Suite 225
Raleigh, NC 27609
via electronic mail: aallen&a,wildlandseng.com }
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
T1B 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.
00 North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
Q.ft 919.707.9000
Sassarixa (T113, TIC) Site
Wildlands Engineering, Inc.
April 3, 2019
Feature Classification Subject Riparian Land use, Buffer zNutrient Mitigation Type Determination
to adjacent to Feature Offset w/in riparian areasonsiteCrgAit
fp_2 0]0Bliffer Viable Viable at
2,273.02Rule
lbs N per
acre
T 1 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 2I, 2019 using the 1:24,000 scale
quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS .
Z NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
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.
The 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)
4 oc-na"' '
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
Page 3 of 3
Figure 3a Site Map - Sheet 1
Sassarixa Swamp M3rgatlon Site
Neuse River Basin (030202011
Water Resources
ENVIRONMENTAL QUALITY
April 4, 2018
Wildlands Engineering, Inc
Attention: John Hutton
312 West Millbrook Rd, Suite 225
Raleigh, NC 27609
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR Project #18-0198
Johnston County
Subject: On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules
and Water Quality Standards (15A NCAC 02B .0233)
Subject Property/ Project Name: Sassarixa Swamp Full Delivery Site
Address/Location: 2-162 Old Olive Rd, Smithfield, NC (35.473294,-78.437318)
Stream(s) Evaluated: UTs to Sassarixa Creek & Black Creek
Determination Date: February 23, 2018
DWR Staff: Katie Merritt
Determination Type:
Buffer: Stream:
Neuse (15A NCAC 02B .0233) ® Intermittent/Perennial Determination
Tar -Pamlico (15A NCAC 02B .0259) (where local buffer ordinances apply)
Catawba (15A NCAC 02B .0243)
Jordan (15A NCAC 02B .0267) (governmental
and/or interjurisdictional projects)
Randleman (15A NCAC 02B .0250)
Goose Creek (15A NCAC 02B .0605-.0608)
At the request of Wildlands Engineering, Inc, staff from the Division of Water Resources
DWR) conducted site visits on multiple parcels located near the location indicated
above, for purposes of determining applicability of the Neuse River Riparian Buffer Rules
Water Quality Standards. See the following table and written explanation regarding
the stream determinations.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Wildlands Engineering, Inc
Neuse River Riparian Buffer/Stream Determination
DWR Project #18-0198
Page 2 of 4
Feature IDl Feature Type Not Subject Start@ Stop@ Soil USGS
Subject Survey Topo
T1A Stream (1) X Flag (see Confluence
map) with T1
T1 Stream (1) X Culvert Confluence X X
with
Sassarixa
Creek
Sassarixa Stream (P) X Throughout Throughout X X
Creek
T2 Pond Pond (not in -line) X See map X
T2 Stream (1) X Tree line Confluence X
with
Sassarixa
Creek
T3 (R1) Ditch X See map T3 (R2) X
T3 (R2) Ephemeral X See map T3 DWR Flag X
T3 (R3) Stream (1) X Flag (see Confluence X
map) with
Sassarixa
Creek
T4 (R1) Stream (1) X Old Olive Rd Wetland X
see map)
T4 (R2) Stream (1) X Below Fence line X
wetland (see see map)
map)
T4 (R3) Wetland' X Fence line Throughout X
inconsistent
channelization and
ponding)
T5 Stream (1) X Old Olive Rd Throughout X X
T5A Stream (1) X Field edge Wetland
see map) see map)
T56 Stream (1) X Below Pond Above Pond X
A B
T5C Headwater X Field Edge Confluence
Wetlands see map) w/ T56
Pond A Not assessed/off n/a n/a
property
Pond B Pond (in -line) X Throughout X X
T6 Stream (1) X Throughout X X
1 See maps provided with letter showing labeled features
Z Ephemeral (E), Intermittent (1), Perennial (P)
3 Wetland delineation to be confirmed by the USACE
Wildlands Engineering, Inc
Neuse River Riparian Buffer/Stream Determination
DWR Project #18-0198
Page 3 of 4
The DWR has determined that some of the streams listed above have been located on the most
recently published NRCS Soil Survey of Johnston County, North Carolina and/or the most recent
copy of the USGS Topographic map at a 1:24,000 scale and were evaluated for applicability to
the Neuse Riparian Buffer Rule.
Maps are provided with this letter from Wildlands Engineering, Inc and were initialed by Katie
Merritt on April 4, 2018. Each feature that is checked "Not Subject" has been determined to
not be at least intermittent or not present on the property or not depicted on the required
maps. Streams that are checked "Subject" have been located on the property and possess
characteristics that qualify them to be at least intermittent streams. There may be other
streams or features located on the property that do not appear on the maps referenced above
but may be considered jurisdictional according to the US Army Corps of Engineers and subject
to the Clean Water Act.
This on -site determination shall expire five (5) years from the date of this letter. Landowners
or affected parties that dispute a determination made by the DWR may request a
determination by the Director. An appeal request must be made within sixty (60) calendar
days of the date of this letter to the Director in writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617 If sending via
delivery service (UPS, FedEx, etc.): clo Karen
Higgins
DWR — 401 & Buffer
Permitting Branch 512 N. Salisbury
Street Raleigh, NC 27604
This determination is
final and binding as detailed above, unless an appeal is requested within sixty (60) days.
This determination only
addresses the applicability to the buffer rules and does not approve any activity
within the buffers. The project may require a Section 404/401 Permit for the
proposed activity. Any inquiries regarding applicability to the Clean Water Act should
be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (
919)-554-4884.
Wildlands Engineering, Inc
Neuse River Riparian Buffer/Stream Determination
DWR Project #18-0198
Page 4 of 4
If you have questions regarding this determination, please feel free to contact Katie Merritt at
919) 807-6371.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: USGS Topographic Map, Johnston County Soil Survey Map, and Figure 6A
cc: Mary & Amanda Olive, 4000 Black Creek Rd, Smithfield, NC 27577
Hunter Olive, 3956 Black Creek Rd, Smithfield, NC 27577
David & Tami Thompson, 3583 Packing Plant Rd, Smithfield, NC 27577
Tami Thompson & June Jones Olive Revocable Trust, 3595 Packing Plant Rd, Smithfield,
NC 27577
Matthew Keen, 1121 Boyette Rd, Four Oaks, NC 27524
401 & Buffer Permitting Branch file
RRO DWR file
Filename: 180198SassarixaMitSite(Johnston)_Neuse_StreamDet.docx
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
October 28, 2019
DWQ Project #: 2018-0198v3 Johnston
County Wildlands
Engineering, Inc. Attn:
Angela Allen 312
W. Millbrook Rd, Suite 225 Raleigh,
NC 27509 Re:
On -Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC
02B .0233 Dear
Ms. Allen: On
October 15, 2019, the Division of Water Resources (DWR) received your request to appeal an on -
site determination made by DWR on April 4, 2018 as provided in 15A NCAC 02B .0233 (3) Neuse
Buffer Rule). The appeal requested a reclassification of a feature known as T4-Reach 3 to be consistent
with the preliminary jurisdiction determination (JD) provided by the US Army Corps of Engineers (
USACE) issued on March 22, 2019. The USACE determined T4-Reach 3 to be at least an intermittent
stream. Staff of DWR did not conduct an on -site determination to review the preliminary
JD by the USACE. The
DWR has determined that the feature labeled T4-Reach 3 and shown on the attached map
is at least an intermittent stream as determined by the USACE and therefore is subject to
the Neuse Buffer Rule. This
determination shall replace the determination originally performed by DWR on April 4, 2018.
This
determination can be contested as provided in General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days. A
petition form may be obtained from the OAH at http:f/www.ncoali.com_/ or by calling the OAH Clerk's Office
at (919) 431-3000 for information. A petition is considered filed when the original and one 1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays). The
petition may he faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission. D
N North Carolina Department of Environmental Quality I Division of Water Resources 512
North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617 919.
707.9000
Mailing address for the OAH:
If sending via U.S. Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Sassarixa Swamp Site
Wildlands Engineering, Inc.
October 28, 2019
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This stream and its associated riparian buffers should be identified on any future plans for this
property. The owners (or future owners) should notify the DWR (and other relevant agencies) of
this decision in any future correspondences concerning this property. This letter does not approve
any activity within the riparian buffers. Nor does this letter approve any activity within Waters of
the United States or Waters of the State. Any inquiries regarding applicability to the Clean Water
Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-
554-4884.
Sincerely,
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Unit
M H/km
Enclosures: Figure 3b Site Map, USAGE Preliminary JD
cc: DWR RO- Stephanie Goss
401 & Buffer Permitting Branch files
Jeremiah Dow - Division of Mitigation Services (via electronic mail)
Filename: 18-4198v3SassarixaSwamp(Johnston)_bufferappeal
Page 2 of 2
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Assessment Area
Delineated Wetlands
Open Water
Intermittent Non -Wetland Water
Perennial Nan -Wetland Water
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Figure 3b Site Map - Sheet 2
Sassarixa Swamp Mitigation SiteRW1LDLANDS050300FeelNeuseRiverBasin (03020201)
ENGINE E RINia I I I i
Johnston County, NC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-00432 County: JOHNSTON U.S.G.S. Quad: FOUR OAKS
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Wildlands Engineering. Inc.
Mr. Charlie Neaves
Address: 312 West Millbrook
Raleigh, North Carolina 27609
Size (acres) 83
Nearest Waterway Black Creek
USGS HUC 03020201
Nearest Town Smithfield
River Basin Neuse River
Coordinates Latitude:35.473294
Longitude:-79.437318
Location description: The ro'ect area is identified as an approximate 83 acre tract of land located at 160 Old Olive
Road Smithfield Johnston County, North Carolina. Waters on -site drain into Sassarixa Creek and Black Creek,• both
are within the Neuse River watershed (8-digit HUC: 03020201).
Indicate Which of the Following Annly:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not he
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
1344). Unless there is a change in Iaw or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 2
SAW-2018-00432 SASSARIXA SWAMP DMS SITE
The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha
Daile at 919-554-4884 ext. 22 or by email at Samantha.J.Daile usace.arm .mil.
C. Basis For Determination: NIA. An Approved JD has not been completed.
D. Remarks: Refer to the enclosed Preliminary JD Form and Figures 3, 3a, 3b, and 3c for a
detailed evaluation of the aquatic resources on -site.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request
to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by
SAW-2018-00432 SASSARIXA SWAMP DMS SITE
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Digitally signed byDAILEY.SAMANTHA DAILEYSAMAN HAJ.1387567948
DN: c=US, o=U.S. Government, ou=DoD, Qu=PKI,
Corps Regulatory Official: •J•1387567948 Date:201903.21 2723-000'
J1387567948 Date:
March 22, 2019 Expiration Date: N/A The
Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue
to do so, please complete our Customer Satisfaction Survey, located online at http://
cor2ssmapu.usace.arm,y.mil/cm apex/Pp=136:4:0.
Table 1. Summary of On -Site Jurisdictional Waters
Feature Latitude Longitude Cowardin Class
Estimated Amount of Aquatic
Class of Aquatic Resource
Resource in Review Area
Sassarixa Creek 35.475377 78,446255 Rive rine-Unconsolidated Bottom 3142
Perennial Non -Wetland
Waters of the US
T1 35.477619 78.443646 Riverine-Streambed 1731
Interm}ttent Non -Wetland
Waters of the US
T1A 35.478594 78.444288 Riverine-Streambed 384
Intermittent Non -Wetland
Waters of the US
T18 35.478424 78,444761 Riverine-Streambed 259
Intermittent Non -Wetland
Waters of the US
TIC 35,476262 78.44093 Riverine-Streambed 307
Intermittent Non -Wetland
Waters of the US
T2 35.474431 78.445631 Riverine-Streambed 354
Intermittent Nan -Wetland
Waters of the US
13 35.473283 78.442523 Riverine-Unconsolidated Bottom 1190
Perennial Non -Wetland
Waters of the US
T4 35.47037 78.436943 Rive rine-Unconsol!dated Bottom 2319
Perennial Non -Wetland
Waters of the US
T5 35.469702 78.435939 Riverine- Unconsolidated Bottom 2606
Perennial Non -Wetland
Waters of the US
TSA 35.476707 78.437547 Rive rine-Streambed 956
Intermittent Non -Wetland
Waters of the US
T58 35.47674 78.435242 Riverine-Streambed 553
Intermittent Non -Wetland
Waters of the US
T5C 35.476133 78.43458 Rive rine-Streambed 706
Intermittent Non -Wetland
Waters of the US
Rive rine-Unconsolidated Bottom
T6 35.472774 78.425131 1750
Perennial Non -Wetland
Waters of the US
From: Merritt, Katie
To: Anaela Allen
Cc: Dow. Jeremiah J; Woioski. Paul A
Subject: RE: [External] RE: Sassarixa Technical Memo- DWR response
Date: Monday, August 19, 2019 01:56:00 PM
Hey Angela,
You may send it do Paul Wojoski, same address as indicated on the letter.
From: Angela Allen [mailto:aallen@wild landseng.com]
Sent: Monday, August 19, 2019 1:51 PM
To: Merritt, Katie <katie.merritt@ncdenr.gov>
Cc: Dow, Jeremiah J <jeremiah.dow@ncdenr.gov>; Wojoski, Paul A <Paul.Wojoski@ncdenr.gov>
Subject: [External] RE: Sassarixa Technical Memo- DWR response
External email. Do not click links or open attachments unless you verify. Send all suspicious email as anFachmenttoreport.spam(@nc.gov
Katie,
Thank you for your thorough and timely review of this. I wanted to confirm whose attention I should
make the appeal out to for the T4 call change. Andrea Eckardt mentioned Karen had temporarily
been working another role.
Thank you,
Angela
From: Merritt, Katie <katie.merrittPncdenr.Rov>
Sent: Friday, August 16, 2019 4:48 PM
To: Angela Allen <aallenPwildlandseng.com>
Cc: Dow, Jeremiah J <ieremiah.dowPncdenr.gov>; Wojoski, Paul A <Paul.Woioski(@ncdenr.gov>
Subject: Sassarixa Technical Memo- DWR response
Hey Angela,
In the mitigation plan for Sassarixa Creek, I received a memo from you dated July 22, 2019
requesting two things:
1) Request for T2, T5, T5A and T5C to be considered viable for buffer restoration and
nutrient offset credits in areas of active cattle pasture
2) Request for Reclassification of T4 Reach 3 from a wetland to a jurisdictional stream
Regarding Item #2 above, the rule requires that you must submit an appeal to the Director of the
Division of Water Resources. However, this request was provided to me in a mitigation plan.
Therefore, I am unable to process your request for Item #2. You can submit your appeal request to
the DWR by following the appeal process outlined in the letter attached to this email. It will be the
Director's decision whether to grant or deny your request. I highly recommend you provide photo
points showing where your pictures were taken along Reach 3 of T4 if pursuing the appeal to the
Director.
Regarding Item #1 above, see response below:
T2 begins at the tree line in the woods and ends at the confluence with Sassarixa Creek. If the
agriculture fields fall within the 200' from TOB of the stream call, then those areas will be viable as a
Restoration Site and viable for either buffer credit or nutrient offset credit, but not both. Please
note, that T2 is shown on the mitigation plan as extending beyond the treeline, which is not
consistent with the call made by DWR in the attached stream determination.
T5 (R1) is fully forested with active pasture from TOB-200' and therefore is only viable for buffer
enhancement credit. This assessment is final.
T5 (R2-R3) is fully forested with agriculture fields beyond the tree line. if the agriculture fields fall
within the 200' from TOB, then those areas will be viable as a Restoration Site and viable for either
buffer credit or nutrient offset credit, but not both. This assessment is final
TSA— If the agriculture fields fall within the 200' from TOB, then those areas will be viable as a
Restoration Site and viable for either buffer credit or nutrient offset credit, but not both. This
assessment is final.
T5C was determined to be a headwater wetland system onsite and was not deemed a stream. The
viability assessment is dependent on the IRT approving the area as a Coastal HW Stream, which is
interpreted as being approved to use the Headwater Stream Guidance. This feature must comply
with 15A NCAC 02B .0295 (o)(2) and therefore, only the buffer areas that are planted will be viable
for buffer credit, and that includes just the fields. Therefore, if the agriculture fields fall within the
200' from where the center of the valley is located, then those areas will be viable as a Restoration
Site per (o)(2) and viable for buffer credit only. Nutrient offset is not viable adjacent to coastal hw
stream sites. This assessment is final.
Thank you,
Katie
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Sassarixa Swamp Nutrient Offset and Buffer Mitigation Bank Parcel
Appendix: Overview Photographs
Sassarixa Swamp Nutrient Offset and Buffer Mitigation Bank Parcel
Appendix: Overview Photographs
Sassarixa Swamp
274-420 Old Olive Rd
Smithfield, NC 27577
Inquiry Number: 5170847.2s
January 29, 2018
6 Armstrong Road, 4th floor
Shelton, CT 06484
rEDW Toll Free: 800.352.0050
www.edrnet.com
FORM-LBD-CCA
TABLE OF CONTENTS
SECTION PAGE
Executive Summary------------------------------------------------------- ES1
Overview Map 2
Detail Map 3
Map Findings Summary---------------------------------------------------- 4
Map Findings 8
Orphan Summary--------------------------------------------------------- 9
Government Records Searched/Data Currency Tracking GR-1
GEOCHECK ADDENDUM
Physical Setting Source Addendum------------------------------------------ A-1
Physical Setting Source Summary A-2
Physical Setting SSURGO Soil Map------------------------------------------- A-5
Physical Setting Source Map A-14
Physical Setting Source Map Findings---------------------------------------- A-16
Physical Setting Source Records Searched------------------------------------. PSGR-1
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from
other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL
DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
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CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor
should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
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Copyright 2018 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole
or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other
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TC5170847.2s Page 1
EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site
Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited
Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed
for the evaluation of environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
274-420 OLD OLIVE RD
SMITHFIELD, NC 27577
COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator
UTM X (Meters):
UTM Y (Meters):
Elevation:
35.4734440 - 35' 28' 24.39"
78.4370220 - 78' 26' 13.27"
Zone 17
732551.9
3928369.0
167 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map: 5948588 FOUR OAKS, NC
Version Date: 2013
AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from: 20140611
Source: USDA
TC5170847.2s EXECUTIVE SUMMARY 1
F- MAPPED SITES SUMMARY
Target Property Address:
274-420 OLD OLIVE RD
SMITHFIELD, NC 27577
Click on Map ID to see full detail.
MAP
ID SITE NAME ADDRESS
NO MAPPED SITES FOUND
DATABASE ACRONYMS
RELATIVE DIST (ft. & mi.)
ELEVATION DIRECTION
5170847.2s Page 2
EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL___________________________ National Priority List
Proposed NPL________________ Proposed National Priority List Sites
NPL LIENS -------------------- Federal Superfund Liens
Federal Delisted NPL site list
Delisted NPL__________________ National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY__________ Federal Facility Site Information listing
SEMS_________________________ Superfund Enterprise Management System
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE-------------- Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facilities list
CORRACTS------------------ Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF------------------ RCRA- Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG------------------- RCRA- Large Quantity Generators
RCRA-SQG------------------- RCRA- Small Quantity Generators
RCRA-CESQG---------------- RCRA- Conditionally Exempt Small Quantity Generator
Federal institutional controls / engineering controls registries
LUCIS_________________________ Land Use Control Information System
US ENG CONTROLS_ _ _ _ _ _ _ _ _ Engineering Controls Sites List
TC5170847.2s EXECUTIVE SUMMARY 3
EXECUTIVE SUMMARY
US INST CONTROL_ _ _ _ _ _ _ _ _ _ Sites with Institutional Controls
Federal ERNS list
ERNS_________________________ Emergency Response Notification System
State- and tribal - equivalent NPL
NC HSDS_____________________ Hazardous Substance Disposal Site
State- and tribal - equivalent CERCLIS
SHWS------------------------- Inactive Hazardous Sites Inventory
State and tribal landfill and/or solid waste disposal site lists
SWF/LF_______________________ List of Solid Waste Facilities
OLI____________________________ Old Landfill Inventory
State and tribal leaking storage tank lists
LAST__________________________ Leaking Aboveground Storage Tanks
LUST -------------------------- Regional UST Database
INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land
LUST TRUST_________________ State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST____________________ Underground Storage Tank Listing
UST___________________________ Petroleum Underground Storage Tank Database
AST___________________________ AST Database
INDIAN UST__________________ Underground Storage Tanks on Indian Land
State and tribal institutional control / engineering control registries
INST CONTROL_ _ _ _ _ _ _ _ _ _ _ _ _ _ No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
VCP___________________________ Responsible Party Voluntary Action Sites
INDIAN VCP__________________ Voluntary Cleanup Priority Listing
State and tribal Brownfields sites
BROWNFIELDS______________ Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS----------- A Listing of Brownfields Sites
Local Lists of Landfill / Solid Waste Disposal Sites
SWRCY_______________________ Recycling Center Listing
TC5170847.2s EXECUTIVE SUMMARY
EXECUTIVE SUMMARY
HIST LF_______________________ Solid Waste Facility Listing
INDIAN ODI___________________ Report on the Status of Open Dumps on Indian Lands
ODI___________________________ Open Dump Inventory
DEBRIS REGION 9----------- Torres Martinez Reservation Illegal Dump Site Locations
IHS OPEN DUMPS___________ Open Dumps on Indian Land
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL_________________ Delisted National Clandestine Laboratory Register
US CDL_______________________ National Clandestine Laboratory Register
Local Land Records
LIENS 2_______________________ CERCLA Lien Information
Records of Emergency Release Reports
HMIRS________________________ Hazardous Materials Information Reporting System
SPILLS________________________ Spills Incident Listing
IMD___________________________ Incident Management Database
SPILLS 90____________________ SPILLS 90 data from FirstSearch
SPILLS 80____________________ SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen / NLR _ _ _ _ _ RCRA - Non Generators / No Longer Regulated
FUDS_________________________ Formerly Used Defense Sites
DOD__________________________ Department of Defense Sites
SCRD DRYCLEANERS_______ State Coalition for Remediation of Drycleaners Listing
US FIN ASSUR_______________ Financial Assurance Information
EPA WATCH LIST____________ EPA WATCH LIST
2020 COR ACTION_ _ _ _ _ _ _ _ 2020 Corrective Action Program List
TSCA_________________________ Toxic Substances Control Act
TRIS__________________________ Toxic Chemical Release Inventory System
SSTS-------------------------- Section 7 Tracking Systems
ROD__________________________ Records Of Decision
RMP__________________________ Risk Management Plans
RAATS________________________ RCRA Administrative Action Tracking System
PRP___________________________ Potentially Responsible Parties
PADS_________________________ PCB Activity Database System
ICIS___________________________ Integrated Compliance Information System
FTTS__________________________ FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
MLTS_________________________ Material Licensing Tracking System
COAL ASH DOE_ _ _ _ _ _ _ _ _ _ _ Steam -Electric Plant Operation Data
COAL ASH EPA______________ Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER_______ PCB Transformer Registration Database
RADINFO --------------------- Radiation Information Database
HIST FTTS____________________ FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS_____________________ Incident and Accident Data
CONSENT____________________ Superfund (CERCLA) Consent Decrees
INDIAN RESERV_____________ Indian Reservations
FUSRAP______________________ Formerly Utilized Sites Remedial Action Program
UMTRA_______________________ Uranium Mill Tailings Sites
LEAD SMELTERS____________ Lead Smelter Sites
TC5170847.2s EXECUTIVE SUMMARY 5
EXECUTIVE SUMMARY
US AIRS______________________ Aerometric Information Retrieval System Facility Subsystem
US MINES____________________ Mines Master Index File
ABANDONED MINES --------- Abandoned Mines
FINDS ------------------------- Facility Index System/Facility Registry System
UXO --------------------------- Unexploded Ordnance Sites
DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing
ECHO ------------------------- Enforcement & Compliance History Information
FUELS PROGRAM___________ EPA Fuels Program Registered Listing
COAL ASH____________________ Coal Ash Disposal Sites
DRYCLEANERS______________ Drycleaning Sites
Financial Assurance ----------- Financial Assurance Information Listing
NPDES------------------------ NPDES Facility Location Listing
UIC---------------------------- Underground Injection Wells Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants
EDR Hist Auto ----------------- EDR Exclusive Historical Auto Stations
EDR Hist Cleaner_____________ EDR Exclusive Historical Cleaners
4Q MN=1d11Y=IN=IeZrZeP/=INkiIky,I=I,rreI:Na19 I
Exclusive Recovered Govt. Archives
RGA HWS____________________ Recovered Government Archive State Hazardous Waste Facilities List
RGA LF_______________________ Recovered Government Archive Solid Waste Facilities List
RGA LUST____________________ Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were not identified.
Unmappable (orphan) sites are not considered in the foregoing analysis.
TC5170847.2s EXECUTIVE SUMMARY 6
EXECUTIVE SUMMARY
There were no unmapped sites in this report.
TC5170847.2s EXECUTIVE SUMMARY 7
OVERVIEW MAP - 5170847.2S
Target Property
A Sites at elevations higher than
or equal to the target property
Sites at elevations lower than
the target property
A Manufactured Gas Plants
National Priority List Sites
Dept. Defense Sites
0 1/4 1/2 1 Mlles
Indian Reservations BIA Upgradient Area
ioo-year flood zone Hazardous Substance
5oo-year flood zone
Disposal Sites
National Wetland Inventory
State Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Sassarixa Swamp CLIENT: Wildlands Eng, Inc.
ADDRESS: 274-420 Old Olive Rd CONTACT: Carolyn Lanza
Smithfield INC 27577 INQUIRY #: 5170847.2s
LAT/LONG: 35.473444 / 78.437022 DATE: January 29, 2018 1:19 pm
Copyright o 2018 EDR, Inc.(,) 2015 Tom Tom Rel. 2015.
DETAIL MAP - 5170847.2S
Target Property
A Sites at elevations higher than
or equal to the target property
Sites at elevations lower than
the target property
A Manufactured Gas Plants
t Sensitive Receptors
National Priority List Sites
Dept. Defense Sites
0 1 /16 1 /B 1 /4 Mlles
Indian Reservations BIA Hazardous Substance
ioo-year flood zone
Disposal Sites
5oo-year flood zone
National Wetland Inventory
State Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Sassarixa Swamp CLIENT: Wildlands Eng, Inc.
ADDRESS: 274-420 Old Olive Rd CONTACT: Carolyn Lanza
Smithfield INC 27577 INQUIRY #: 5170847.2s
LAT/LONG: 35.473444 / 78.437022 DATE: January 29, 2018 1:20 pm
Copyright o 2018 EDR, Inc.(,) 2015 Tom Tom Rel. 2015.
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
February 28, 2017
Carolyn Lanza
Wildlands Engineering
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Re: Sassarixa Swamp Mitigation Site, Johnston County, ER 18-0279
Dear Ms. Lanza:
Thank you for your email of February 2, 2018, concerning the above project.
Office of Archives and History
Deputy Secretary Kevin Cherry
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
6TY" Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599