20081473 Ver 4_Mitigation_20120126

EcoEngineering
A division of The John R McAdams Company Inc
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Research Triangle Park NC
PosI 011ice Box 14005
Research Triangle Park
North Carolina 27709
2905 Meridian Parkway
Durham North Carolina 27713
8D0 733 5646
919 287 4262
919 3612269 Fax
WAYNE COUNTY DEVELOPMENT
ALLIANCE BANK PARCEL -
PROPOSED RIPARIAN BUFFER &
NUTRIENT OFFSET
RESTORATION AREA
WAYNE COUNTY NORTH CAROLINA
BANK PARCEL DEVELOPMENT PACKAGE
I
EBX -11050
December 2011 JAN 2 6 2012
DENR WATER QUALITY
WEILANDS AND STORMWATER BRANCH
wwwecoengrcom I Design Services Focused On Client Success

Wayne County Development Alliance Bank Parcel USGS HUC 03020201
Bank Parcel Development Package Wayne County North Carolina December 2011
Table of Contents
10
Project Location and Description 2
2 0
Project Area Existing Conditions 2
21 Geologic & Soil Characteristics 2
22 Vegetative Communities 3
23 Threatened and Endangered Species 4
24 Cultural Resources 4
25 Environmental Issues 5
26 FEMA Floodplain / Floodway Mapping 5
3 0
Proposed Riparian Buffer & Nutrient Offset Restoration Plan 5
4 0
Monitoring and Maintenance Plan 6
5 0
Financial Assurance 7
6 0
Riparian Buffer & Nutrient Offset Mitigation Potential 7
7 0
References 8
In Text Tables
Table 1 Mapped Soils within the Bank Parcel 3
Table 2 Plant List 6
Appendix A Site Maps
Figure 1 Site Location Map
Figure 2 Proposed Riparian Buffer & Nutrient Offset Restoration Area
Figure 3 USGS Quad — SW /SE Goldsboro
Figure 4 Wayne County Soil Survey
Figure 5 FEMA Floodplam / Floodway Exhibit
Appendix B Site Photographs
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Wayne County Development Alliance Bank Parcel USGS HUC 03020201
Bank Parcel Development Package Wayne County North Carolina December 2011
10 Prollect Location and Description
Located off of Arrington Bridge Road, at its intersection with John Street in Goldsboro, North
Carolina (Figure 1), is the proposed riparian buffer and nutrient offset restoration area currently
known as the Wayne County Development Alliance Bank Parcel (Bank Parcel) The Bank
Parcel easement will total approximately 69 65 acres of the +/ 132 89 acres in total tract area
Proposed stream buffer restoration activities within the Bank Parcel include a total of
approximately 6 47 acres of riparian buffer and another 63 18 acres of nutrient offset (Figure 2)
The Bank Parcel will provide a total of approximately 143,609 pounds of nitrogen nutrient offset
credit (2,273 pounds per acre) The Bank Parcel is comprised three (3) tracts of land (Wayne
County Parcel Identification Numbers 2598449002 2598632250, and 2598543857) The Bank
Parcel will be developed in two (2) phases Phase I and Phase II (Figure 2) Phase I consists of
Parcel Number 2598449002 (± 52 75 acres) and is located at the northwest corner of the
intersection of Arrington Bridge Road and John Street Phase II consists of Parcel Numbers
2598632250 (± 73 11 acres) and 2598543857 (± 7 03 acres) Paicel Number 2598632250 is
located at the northeast corner of the intersection of Arrington Bridge Road and John Street
Parcel Number 2598543857 is located north of Parcel Number 2598449002, along the west side
of John Street and is separated from Parcel Number 2598449002 by a railroad easement and a
utility line easement A conservation easement will be recorded around the restoration areas
within the overall Bank Parcel The remaining +/ 63 24 acres located on the three (3) parcels of
land will not be subject to the proposed conservation easement
The proposed Bank Parcel is located within the Neuse River Basin (8 -digit USGS HUC
03020201) Stormwater runoff from this site drains into an unnamed tributary of the Neuse River
(Stream Index #27 (56)) According to the N C Division of Water Quality Basinwide
Information Management System (RIMS) the Neuse River is classified as Class C and NSW
(Nutrient Sensitive Waters) in this location The "C' classification is for "waters protected for
uses such as secondary recreation, fishing wildlife fish consumption, aquatic life including
propagation, survival and maintenance of biological integrity and agriculture while the NSW
designation is for "Nutrient Sensitive Waters" The purpose of this Bank Parcel is to improve
water quality within the Neuse River watershed by providing off site mitigation for development
(both existing and proposed) requiring stream buffer mitigation and nutrient offset credits The
proposed Bank Parcel Service Area is the area contained within 8 digit USGS HUC 03020201
This Bank Parcel shall be established under the terms and conditions of the EBX Neuse Riparian
Buffer Umbrella Mitigation Bank (Bank) made and entered into by EBX Neuse I, LLC (EBX),
acting as the Bank Sponsor, and the North Carolina Department of Environment and Natural
Resources Division of Water Quality (DWQ)
2 0 Proiect Area - Existing Conditions
21 Geologic & Sod Characteristics
Based upon review of the United States Geological Survey (USGS) Southwest Goldsboro
and Southeast Goldsboro, North Carolina Quadrangle, the proposed Bank Parcel contains
elevations ranging from f 65 feet to f 70 feet and is relatively flat Topographic relief and
surface drainage is generally southeast (Figure 3)
The Bank Parcel is located within the Southeastern Plains Province of North Carolina,
specifically within the Southeastern Floodplains and Low Terraces ecoregion A review of
the Ecoregions of North Carolina and South Carolina (Griffith et al, 2002) shows the
geology in the area of the property is comprised of `alluvium and terrace deposits of sand,
clay, and gravel" and is associated with major river floodplains and low terraces
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Wayne County Development Alliance Bank Parcel USGS HUC 03020201
Bank Parcel Development Package Wayne County North Carolina December 2011
The Soil Survey of Wayne County, North Carolina (Soil Conservation Service 1974) lists
the soils within the property as from the Wickham Jones Association As stated in the soil
survey, these soils can be generally classified as "well drained to somewhat poorly drained
nearly level to gently sloping soils that have a friable sandy loam to clay loam subsoil located
on terraces As described by the online USDA NRCS Official Soil Series Descriptions
(OSD), the specific soils within the protect area (Figure 4) are shown below in Table 1
Table 1 Mapped Soils within the Bank
Soil Type
Soil Group General Description
Kalmia loamy
This soil consists of well drained, nearly level to moderate
sand
HSG B steep soils on broad, smooth terraces and short slopes on
(KaA)
upland divides Infiltration is moderate, surface runoff is
(Rm)
slow, and permeability is moderate
This soil consists of well drained nearly level to gently
Kenansville
sloping soils on smooth broad flats and slightly convex
loamy sand
HSG A divides on uplands and terraces Infiltration is moderately
(KeB)
rapid, surface runoff is slow, and permeability is
Wickham
moderately rapid
sandy loam
This soil consists of excessively drained, nearly level to
Lakeland sand
HSG A gently sloping soils in broad, undulating areas, and
(La)
rounded divides on uplands and terraces Infiltration is
Lumbee
11110 OVll 10 i.VVl 1' .11Gi111V\9, 11VC1a1, lbVV& OV110 111 011"IAV r
drainage ways and broad, smooth, flat areas on terraces
sandy loam
(Lv)
HSG B/D
Infiltration is moderate, surface runoff is very slow and
permeability is moderate
Rimini sand
This soil consists of excessively drained, nearly level soils
(Rm)
HSG A Infiltration is rapid, surface runoff is very slow, and
permeability is moderate
Wickham
This soil is well drained soil on smooth, low ridges on
loamy sand
HSG B stream terraces Infiltration is moderate, surface runoff is
(WhA)
_ medium, and permeability is moderate
Wickham
This soil is a well drained soil on smooth, low ridges on
sandy loam
HSG B stream terraces Infiltration is moderately slow, surface
(WkB2)
runoff is medium, and permeability is moderate
2 2 Vegetative Communities
The Bank Parcel is currently within active agricultural activities and currently contains corn
fields which have been recently harvested There are areas along the unnamed tributaries and
along Arrington Bridge Road which contain relic forest/shrub communities These fringe
forest/shrub areas have been impacted by historical agricultural activities Species such as
sweetgum (Ltqutdambar slyraciflua), red maple (Acer rubrum), tulip poplar (Liriodendron
tulipifera), giant cane (Arundinarta gigantea), willow oak (Quercus phellos) water oak
(Quercus nigra) were observed Small significant population of non - native, invasive species
including privet (Ligustrum sinense) and multiflora rose (Rosa multtflora) were also
observed, which are indicative of a disturbed forest community Since these fringe
forest/shrub areas have been disturbed a reference forested community was examined to gain
insight as to the type of forested community which would have been on the Bank Parcel if
agricultural activities had not occurred One such reference forested community located
approximately 0 7 miles west of the Bank Parcel was examined The reference forested
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Wayne County Development Alliance Bank Parcel USGS HUC 03020201
Bank Parcel Development Package Wayne County North Carolina December 2011
community is generally characterized as a Basic Mesic Forest (Coastal Plain Subtype),
according to the North Carolina Natural Heritage Program (NHP) classification system
(Schafale and Weakley, 1990) The canopy and understory is dominated by southern red oak
(Quercus pagodifolia) willow oak water oak, white oak (Quercus alba), sweetgum, red
maple tulip poplar (Liriodendron tulipifera), red cedar (Juniperus virginiana), beech (Fagus
grandifolia) American holly (Ilex opaca) dogwood (Cornus florida), American elm (Ulmus
Americana) paw paw (Asimina triloba), swamp bay (Persea palustris), giant cane, and
highbush blueberry (Vaccmtum corymbosum)
2 3 Threatened and Endangered Species
Some populations of plants and animals are declining because of natural forces or their
inability to coexist with human activity Plants and animals with Threatened or Endangered
status are protected under the Endangered Species Act (ESA) of 1973 (16 US 1531 et seq )
According to the U S Fish and Wildlife Service (USFWS) web page
(http / /www fws gov /nc es/es /countyfr html), accessed October 4 2011) there is one (1)
endangered species (red- cockaded woodpecker (Picoides borealis)) and nine (9) federal
species of concern (American eel (Anguilla rostrata), Carolina madtom (Noturus furiosus),
Pinewoods shiner (Lythrurus matutinus) Rafinesque s big eared bat (Corynorhinus
rafinesquu), Southern hognose snake (Heterodon simus) Atlantic pigtoe (Fusconaia
masoni), Yellow lance (Elliptio lanceolata) Cuthbert turtlehead (Chelone cuthbertii) and
Pondspice (Litsea aestivalis)) potentially occurring in Wayne County The bald eagle
(Haliaeeletus leucocephalus) is also listed as occurring in Wayne County and is protected
under the Bald and Golden Eagle Protection Act (BGPA) (16 US 668 668d) In addition the
NC Natural Heritage Program ( NCNHP) website identifies another twenty (20) State listed
species as endangered threatened, significantly rare, or of special concern also potentially
occurring in the county A review of the NCNHP database of documented occurrences
(http / /www ncnhp org[Paaes/hentagedata html, accessed October 4, 2011) revealed the
presence of the Chicken Turtle (Deirochelys reticularia) within a two (2) mile radius of the
site
EcoEngmeermg conducted field surveys on October 5, 2011 by walking transects within the
Bank Parcel area The objective of the field surveys was to determine the presence of
federally Threatened or Endangered species within the Bank Parcel area There were no
federally Threatened or Endangered species observed during the field surveys The work
inherent in restoring riparian buffers does not result in habitat destruction or modification for
the above listed species Therefore it is reasonable to conclude the proposed work will have
No Effect on Threatened and Endangered species
2 4 Cultural Resources
A review of the N C State Historic Preservation Office (SHPO) HPOWEB GIS Service
database (http //gis ncder gov/hpoweb /, accessed October 4 2011) was completed as part of
the site due diligence According to their website, HPOWEB "has current locational data for
all National Register listings, most Study List entries and Determinations of Eligibility and
surveyed rural properties for many counties" There are no listings within the Bank Parcel
Please note there are no properties listed on the HPOWEB GIS service that fall under the
National Register, the Study List, or Determined Eligible classification within one mile of
the restoration project though there are properties shown on the National Register within a
two mile radius Since there are no database entices on the subject property, it is reasonable
to conclude the proposed restoration project will not have an adverse impact with regards to
this issue
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Wayne County Development Alliance Bank Parcel USGS HUC 03020201
Bank Parcel Development Package Wayne County North Carolina December 2011
2 S Environmental Issues
Preliminary data was obtained from Environmental Data Resources Inc (EDR) regarding
the potential for on site or nearby sources of contamination EDR maintains an updated
database of current and historical sources of contamination All storage tanks, whether
above ground or underground are identified as well as superfund sites, landfills, hazardous
waste sites, and other potential hazards According to EDR records, there is one small
quantity generator within 0 24 miles southwest of the Bank Parcel, one conditionally exempt
small quantity generator within 0 24 miles southwest of the Bank Parcel, and four leaking
underground storage tanks within 0 5 mile west of the Bank Parcel Soil and water
contamination was noted with the four leaking underground storage tank listings and all
incidences have been closed out
26 FEMA Floodplain /Floodway Mapping
The entire Bank Parcel is located within the Federal Emergency Management Association's
(FEMA s) designated floodplam associated with the Neuse River (Figure 5) Therefore, the
Bank Parcel will be inundated by a 100 year flood
3 0 Proposed Riparian Buffer & Nutrient Offset Restoration Plan
Agricultural land located outside fringe forested areas and that are within the Bank Parcel area
will be ripped and scarified prior to vegetation planting activities The established
microtopography on leveled surfaces will promote diffuse flow and surface water storage In
addition subsurface hardpans will be eliminated to promote vegetation growth/survival and to
increase groundwater recharge rates Grasses may be treated with herbicide to reduce
competition with planted species Where necessary, invasive species will also be treated with
herbicide to ensure they do not become dominant within the Bank Parcel, or hinder the
establishment growth and survival of planted vegetation
The proposed riparian planting plan will be developed by integrating native plant species
observed within the Bank Parcel area, in addition to selected species known to inhabit the Basic
Mesic Forest (Coastal Plain Subtype) community type as described in Classification of the
Natural Communities of North Carolina (Schafale and Weakley, 1990) and procedures outlined
in Guidelines for Riparian Buffer Restoration (NCEEP 2004) to institute species diversity The
restored riparian zone will be planted with bare root seedlings or containerized material Bare
root seedlings, or containerized material, will be planted during the fall or early spring seasons
During the following fall supplemental shrub and tree species will be planted if survival rates of
previously planted seedlings are below target densities as determined in late summer (August -
September)
The planting plan will consist of individual hardwood tree and shrub species as listed in the table
below The goal is to plant 436 to 681 trees and shrubs per acre with an approximate 8 foot to
10 foot spacing Plant composition will consist of at a minimum of at least six (6) of the tree
species and three (3) of the shrub species list
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Wayne County Development Alliance Bank Parcel USGS HUC 03020201
Bank Parcel Development Package Wayne County North Carolina December 2011
Table 2 Plant List
Scientific Name_
Common Name
Leucothoe racemosa
Trees
_
Fraxinus Penns ylvanica
green ash
Platanus occidentalis
sycamore
Uuercus Pagoda
_ cherrybark oak
river birch
Acer
Ulmus americana American Elm
Liriodendron tuli t era tulip poplar
Shrubs
Clethera aln folia
sweet pepperbush
Leucothoe racemosa
fetterbush
_ _ Aesculus sylvattca
_
painted buckeye
Ilex glabra
inkben
Ilex verticilllata
wmterberry
CePhalanthus occidentalis
buttonbush
composition may be adjusted based on
Temporary and permanent native herbaceous seed will be applied simultaneously to existing
pasture land areas located outside forested areas within the Bank Parcel area Temporary seed
will provide cover until the permanent seed applied becomes established Temporary cover will
consist of millet (Echinochloa crusgalli), annual rye grain (Secale cereale), and crimson clover
(Tr fohum incarnatum) Permanent ground cover will consist of switchgrass (Panicum
virgatum) deertongue (Panicum clandestinman) black eyed susan (Rudbeckia hirta), and
riverbank wildrye (Elymus riparius)
4 0 Monitoring and Maintenance Plan
The Bank Parcel will be monitored for five (5) consecutive years or until the required success
criteria has been met as determined by DWQ Monitoring activities will begin immediately
following the completion of planting in order to alleviate any potential problems as they occur
Supplemental planting and additional site modifications will be implemented if necessary For
Phase I planting is anticipated to occur in the Spring of 2012, therefore the riparian restoration
will be monitored the following growing season, projected to be the Summer /Fall of 2012
DWQ will be notified when planting is to occur within Phase II of the Bank Parcel For both
phases, a monitoring report will be submitted annually to DWQ no later than December 31 of
each monitoring year describing the conditions of the Bank Parcel and relating those conditions
to the success criteria Monitoring activities will follow the terms and conditions of the EBX
Neuse Riparian Buffer Umbrella Mitigation Bank (Bank) made and entered into by EBX and
DWQ
The Bank Parcel will contain approximately ten (10) vegetative monitoring plots, with the total
area not exceeding two (2) percent of the proposed nutrient offset restoration area The plots will
be monitored in accordance with the CVS EEP Protocol for Recording Vegetation (CVS EEP,
v4 2) Ten (10) by ten (10) meter square plots will be permanently established following
completion of the planting phase and at least two opposing corners will be permanently installed
6 ®Ad vtswn rThc John R McAdam Company Jnc

Wayne County Development Alliance Bank Parcel USGS HUC 03020201
Bank Parcel Development Package Wayne County North Carolina December 2011
and surveyed for future use The plant species density, survival rates, and the cause of mortality,
if identifiable will be recorded within each plot Vegetation plots will be sampled and reported
annually The primary focus of the vegetative monitoring will be solely on the tree and shrub
stratum, although herbaceous species encountered may also be recorded
The target density for the nutrient offset restoration area is a minimum of 320 trees and shrubs
per acre at the end of the five (5) year monitoring period Vegetation monitoring will occur
between August and October A determination will be made regarding the success of the project
following the collection and evaluation of ecological and physical monitoring data, photographs,
and site observations
5 0 Financial Assurance
EBX Neuse I, LLC agrees to provide financial assurances for this Bank Parcel in accordance
with the terms and conditions of the EBX Neuse Riparian Buffer Umbrella Mitigation Bank
(Bank) made and entered into by EBX Neuse I LLC (EBX), acting as the Bank Sponsor, and the
North Carolina Department of Environment and Natural Resources Division of Water Quality
(DWQ)
6 0 Riparian Buffer & Nutrient Offset Mihsation Potential
The approximately 69 65 acre Wayne County Development Alliance Bank Parcel will provide
riparian buffer and nutrient mitigation credits for development impacts within the Neuse River
Basin USGS HUC 03020201 A riparian buffer restoration area of approximately 6 47 acres will
be used to generate 6 47 acres of riparian buffer credits The additional 63 18 acres of buffer
restoration area (i a outside of the 6 47 acres of riparian buffer) will provide nutrient offset
credits for nitrogen The Bank Parcel will provide approximately 143,609 pounds of nitrogen
nutrient offset credit The exact amount of nutrient offset mitigation potential (currently based
on 2,273 lbs of nitrogen/ac of riparian buffer restoration) will be included in the Bank Ledger
The Bank Parcel will be developed in two (2) phases known as Phase I and Phase II Phase I
consists of Parcel Number 2598449002 and will contain approximately 102 acres of riparian
buffer restoration area and approximately 3157 acres of nutrient offset (71,759 pounds of
nitrogen nutrient offset credit) Phase II consists of Parcel Numbers 2598632250 and
2598543857 and will contain approximately 5 45 acres of riparian buffer restoration area and
approximately 3161 acres of nutrient offset (71 850 pounds of nitrogen nutrient offset credit)
Please note this Bank Parcel will function for both buffer mitigation impacts and nutrient offsets
' ©

Wayne County Development Alliance Bank Parcel USGS HUC 03020201
Bank Parcel Development Package Wayne County North Carolina December 2011
7 0 References
Endangered Species Threatened Species Federal Species of Concern and Candidate Species
Wayne County North Carolina United States Fish and Wildlife Service Updated 9 22-
2010 Available at internet site http //www fws gov /nc es /es /countyfr html Accessed
October 4 2011
Environmental Data Resources Inc The EDR Radius MapTM Report with GeoCheck® Inquiry
Number 3181481 Is October 7, 2011
Griffith GE Omemik, J M, Comstock, JA Schafle MP, McNab, W H Lenat, DR
MacPherson, T F , Glover J B , and Shelburne V B, 2002, Ecoregions of North Carolina
and South Carolina, (color poster with map descriptive text, summary tables, and
photographs) Reston, Virginia, U S Geological Survey (map scale 1 1,500 00)
Heritage Data North Carolina Natural Heritage Program Available at internet site
http / /www nenhp or�Pag es /heritagedata html Accessed October 4 2011
Lee Michael T, Peet Robert K Roberts Steven D, and Wentworth Thomas R, 2008 CVS EEP
Protocol for Recording Vegetation Level 1 -2 Plot Sampling Only Version 4 2
North Carolina Ecosystem Enhancement Program (NCEEP) 2004 Guidelines for Riparian
Buffer Restoration Available at internet site
http / /www nceep net/news/reports/buffers pdf Accessed October 4 2011
North Carolina Historic Preservation Office HPOWEB GIS Service North Carolina Historic
Preservation Office Available at internet site http Hgis ncdcr g_ov/hpoweb/ Accessed
October 4, 2011
Schafale MP and AS Weakley 1990 Classification of the Natural Communities of North
Carolina Third Approximation North Carolina Natural Heritage Program, Division of
Parks and Recreation, Department of Environment and Natural Resources Raleigh,
North Carolina
United States Department of Agriculture, Natural Resources Conservation Service D.ficial Soil Series
Description (USD) with Series Extent Mapping Capabilities Available at internet site
httpJ /soils usda. goy/ techmcal/classification /osd/index html Accessed October 4, 2011
United States Department of Agriculture Soil Conservation Service Soil Surve oy f W County,
North Carolina, June 1974
United States Geological Survey, 7 5 Minute, Topographic Map of the Southwest Goldsboro, North
Carolina Quadrangle 1974 (Photo Revised 1988)
United States Geological Survey, 7 5 Minute, Topographic Map of the Southeast Goldsboro, North
Carolina Quadrangle, 1982 (Photo Revised 1988)
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Wayne County Development Alliance Bank Parcel USGS WUC 03020201
Bank Parcel Development Package Wayne County North Carolina December 2011
APPENDIX A
Site Maps
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FIGURE 9 - SITE LOCATION MAP
in 0 0.5 1 2 EcoEngineering
Miles A division of The John R. McAdams Company, Inc.
I inch equals 1 milts

FIGURE 2 - PROPOSED RIPARIAN BUFFER
& NUTRIENT OFFSET RESTORATION AREA
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FIGURE 3 - USGS QUAD
- SW1SE GOLDSBORO EcoEngineering
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FIGURE 4 - WAYNE COUNTY
0 SOILS SURVEY EcoEngineering
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I inch equals 500 feet Feet Adivision of The John R. McAdams Company, Inc.

FIGURE 5 - FEMA FLOODPLAIN 1
0 FLOODWAY EXHIBIT EcoEngineering
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I inch equals 1,000 feet Feet A division of The John R. McAdams Company, Inc.

Wayne County Development Alliance Bank Parcel a USGS I IUC 03020201
Bank Parcel Development Package a Wayne County, North Carolina a Ikcember 2011
APPENDIX B
Site Photographs
15 FFIjEcoEngineering
A division of The John R. McAdam Company, Inc.

Wayne County Development Alliance Bank Parcel • USGS HUC 03020201
Bank Parcel Development Package • Wayne County, North Carolina • December 2011
Picture 1: Facing NW on Parcel Number 2598543857.
Picture 2: Facing SW on Parcel Number 2598449002 within the NE corner of the parcel.
[4ftoEngineering
A dmsian of 1Lc John R. McMams Company, 1w.

Wayne County Development Alliance Rank Parcel • USGS I IUC 03020201
Rank Parcel Development Package • Wayne County, North Carolina • December 2011
Picture 3: Facing north on Parcel Number 2598449002 within the southern section of the parcel.
Picture 4: Facing SE on Parcel Number 2598632250 within the NE corner of the parcel.
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4
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
December 1, 2011
DWQ Project 4 2008- 1473v4
Wayne County
Mr. Tommy Cousins
Environmental Banc & Exchange, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
Subject Property: Wayne County Development Alliance Bank Parcel
Potential Mitigation Site
On -Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 02B.0233)
Dear Mr. Cousins:
On November 8, 2011, at your request DWQ staff conducted an on -site determination to
review multiple features located on the subject property for applicability to the Neuse
River Riparian Buffer Rules (15A NCAC 02B.0233). Martin Hovis with Environmental
Banc & Exchange, LLC was present. The features are labeled as Features "01, 02, 03,
04, 05 & 06" on the attached map initialed by me on December 1, 2011. The project is
located off Arrington Bridge Road, at its intersection with John Street in Goldsboro,
North Carolina.
The Division of Water Quality (DWQ) has determined that the surface water
features labeled as "02, 03, 04 & 05" on the attached map are jurisdictional streams
and are subject to the Neuse Buffer Rule (15A NCAC 02B.0233). These streams and
their associated buffers should be identified on any future plans for this property. In
addition, DWQ has determined that surface water features labeled as 1101 & 06" on
the attached map are not jurisdictional streams and are not subject to the Neuse
Buffer Rules. The owner (or future owners) should notify the DWQ (and other relevant
agencies) of this decision in any future correspondences concerning this property. This
on -site determination shall expire five (5) years from the date of this letter.
North Carolina Division of Water Quality Internet: www ncwateraualitv.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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Page 2 of 2
Landowners or affected parties that dispute a determination made by the DWQ or
Delegated Local Authority that surface waters exists and that it is subject to a buffer rule
may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins, DWQ, Wetlands,
Buffers, Stormwater, Compliance and Permitting Unit (WBSCP) Mail Service Center,
Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWQ or
Delegated Local Authority that "exempts" surface waters from the buffer rule may ask
for an adjudicatory hearing. You must act within 60 days of the date that you receive this
letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start
until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to
be certain that third party appeals are made in a timely manner. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing
within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any
activity within the buffers. Nor does this letter approve any activity within Waters of the
United States or Waters of the State. If you have any additional questions or require
additional information please call Amy Adams at (252) 948 -3917.
Enclosures: Stream Map
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Si erely,
Al Ho /S pery sor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Filename: 08- 1473V4 bufferdet/aa

WETLAND /BUFFER
APPROVED
NORTH CAROLINA ENVIRONMENTAL
MANAGEMENT COMMISSION
DIVISION OF WATER QUALITY
DATE�t�., 20-L
DWQ Perr Mt No. - l4-? 3 V , 4