20160979 Ver 1_Mitigation Remediation Plans_20210218

Strickland, Bev
From:
Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
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Thursday, February 18, 2021 9:11 AM
To:
Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haywood, Casey M CIV
(USA); Davis, Erin B; Wilson, Travis W.; Bowers, Todd
Subject:
[External] SAW-2016-01985 / EBX-Neuse I, LLC / Neu -Con UMBI / Poplar Creek AMP
Attachments:
Poplar Creek -Adaptive Management Plan Memo_SAW-2016-01985_02162021.pdf
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Good morning,
The Year 1 Monitoring Report was coordinated with the IRT on November 3, 2020. The report indicated
several problem areas that would require an adaptive management plan; therefore, the Year 1 credit release
was withheld. It is my intention to release the Year 1 credits (392.6 SMUs) after the IRT has had a chance to
review/approve the enclosed AMP.
I will plan to conduct a site visit next year in conjunction with the Year 2 Monitoring Report, which will also
include implementation of the AMP. Please provide any comments by COB on March 5, 2021.
Best Regards,
Sam
Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 22
[e-mail]

fires
February 16, 2021
Sam Dailey
USACE — Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
3600 Glenwood Avenue, Suite 100
Raleigh, NC 27612
Corporate Headquarters
6575 West Loop South, Suite 300
Bellaire, TX 77401
Main: 713.520.5400
RE: Poplar Creek (SAW-2016-01985) Stream Mitigation Site — Year 2 Monitoring Adaptive
Management Memo
Dear Ms. Dailey,
During Year 1 (2020) monitoring activities performed September 2020, RES observed a number of failing
log toe structures and areas of bank erosion on YB1-C and a few bank erosion areas on YB2-B (see
Figures). The log toes were from the original construction and were functioning properly during the as -
built repairs that occurred in the winter of 2019/2020. However, they begun to show signs of failing in the
late summer, early fall of 2020. The failing log toes and bank erosion areas will be repaired with a
combination of minor bank grading, coir matting, livestake installation, sod mats, coir logs, and/or brush
toes. RES engineers visited the site in January 2021 and compiled a list of 15 structures/areas that needed
some form of repair. These repair areas are outlined below and correspond by number with the attached
maps. After maintenance activities are completed, planted areas that were heavily disturbed will be
replanted. Upon approval of this plan, RES would like to conduct these maintenance activities in March or
April of 2021.
Outside of this adaptive management plan, other maintenance activities that will be conducted this year
include the replanting of the 0.77-acre area in and around VP4 during the dormant season and continued
invasive treatments with aquatic safe herbicide in the YB2-A channel.
YB1-C
Area 1
Issue: Erosion behind a log toe structure.
Treatment: Backfill the eroded area with a straw bale and cap the area with matted soil lift and live cuttings.
Area 2
Issue: Erosion behind a log toe structure.
Treatment: Backfill area eroding away with a coir log, cap with matted soil lift and live cuttings.
Area 3
Issue: Brush toe washed out.
Treatment: Grade bank back, mat, and livestake.
Area 4
Issue: Bank erosion.
Treatment: Grade point bar to allow for more flow through channel and livestake and mat graded area.
res.us

0
Area 5
Issue: Brush toe washed out.
Treatment: Replace brush toe. Cap with soil lift and live cuttings.
Area 6
Issue: Damaged log toe.
Treatment: Replace with brush toe. Cap with soil lift and live cuttings.
Area 7
Issue: Brush toe washed out.
Treatment: Grade bank back, mat, and livestake.
Area 8
Issue: Damaged log toe and bank erosion.
Treatment: Grade point bar, mat and livestake. Replace log toe with a shorter log to widen pool. Backfill
with Class B/I rock. Cap with matted soil lift and live cuttings.
Area 9
Issue: Bank erosion and damaged log toe.
Treatment: Grade point bar, mat and livestake. Replace log toe with brush toe. Cap with soil lift and live
cuttings.
Area 10
Issue: Bank erosion around log sill.
Treatment: Backfill around log with Class B/I rock. Fill voids with bentonite clay. Cap with matted soil
lift and live cuttings.
Area 11
Issue: Bank erosion.
Treatment: Notch the left side of the log sill. Rebuild bank with Class B/I rock. Cap with matted soil lift
and live cuttings.
Area 12
Issue: Bank erosion.
Treatment: Grade point bar, mat and livestake.
Area 13
Issue: Bank erosion.
Treatment: Notch the left side of the log sill. Add brush toe. Cap with matted soil lift and live cuttings.
Area 14
Issue: Bank erosion.
Treatment: Rebuild bank with Class B/I rock. Cap with matted soil lift and live cuttings.

0
Area 15
Issue: Bank erosion.
Treatment: Install rock sill that is keyed in on the upstream facing side of log. Key into bank a minimum
of five feet. Add fabric that overlaps log and extends to the end of the rock sill. Backfill with Class B/I rock.
Mat and livestake.
The approved Erosion and Sediment Control (ESC) permit from the original construction remains open and
should permit for the work that is required if needed and is attached. Regarding 401/404 permitting, RES
believes that the proposed work falls within the treatment outlined in the approved Final Mitigation Plan
which has not expired at this time. The original 404/401 authorizations from the approved mitigation plan
are also attached.
Thank you,
rr-'C�116V' 11�-
Ryan Medric I Ecologist

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Adaptive Management Plan
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Poplar Creek
Stream Mitigation Site
MY2 2021
Johnston County,
North Carolina
Date: 2/8/2021 Drawn by: RTM
Checked by: JRM 1 in = 50 feet
Legend
Conservation Easement
Vegetation Plot
L7>320 stems/acre
<320 stems/acre
Cross Section
— As -Built Top of Bank
Structure
Mitigation Plan Stream
P1 Restoration
P2 Restoration
Enhancement I
Enhancement 11
® Stage Recorder
• Flow Gauge
O Ambient
O Repair

DEPARTMENT OF PUBLIC UTILITIES
Post Office Box 2263
SMITHFIELD, NC 27577
[phone]
March 12, 2019
LETTER OF APPROVAL
David Godley
Resources Environmental Solutions, Inc.
302 Jefferson Street, Suite 110
Raleigh, NC 27605
RE: Project Name: Poplar Creek Mitigation Project
Project ID: JC# 19-003-P
Disturbed Acres Approved: 21
Stream Classification: Neuse River (WS-IV; NSW)
Submitted By: WK Dickson
Dear Mr. Godley:
Johnston County has reviewed the referenced erosion and sedimentation control plan, finds the plan
acceptable, and hereby issues this Letter of Approval. This plan approval shall expire three (3) years
following the date of approval, if no land -disturbing activity has been undertaken as required by Title
15A NCAC 4B .0129.
Please be aware that your project will be covered by the enclosed NPDES Construction Stormwater
General Permit NCGO 10000. You are required to comply with all the requirements and conditions of this
permit.
The enclosed Certificate of Approval must be posted at the job site. Title 15A NCAC 4B .0118(a)
requires that a copy of the approved erosion control plan be on file at the job site. Also, the letter gives
the notice required by G.S. 113A — 61.1 (a) of our right of periodic inspection to insure compliance with
the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance oriented, requiring protection of
existing natural resources and adjoining properties. If, following the commencement of this project, it is
determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Stature 113A-51 through 66), this
office may require revisions to the plan and implementation of the revisions to insure compliance with the
Act.
Acceptance and approval of this plan is condition upon your compliance with Federal, State, and Local
water quality laws, regulations, and rules. This approval does not supersede any other permit or approval.

Letter of Approval
Poplar Creek
Mitigation Project
JC# 19-003-P
March 12, 2019
Please note that this approval is based in part on the accuracy of the information provided in the Financial
Responsibility Form, which you provided. You are requested to file an amended form if there is any
change in the information included on the form. You are required to notify this office of the proposed
starting date for this project. In addition, please notify us if you plan to have a preconstruction
conference.
Sincerely,
Beth McLaughlin
McLaughlin Consulting
Contractor for Johnston County Public Utilities
cc: Charles Pender, Johnston County

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 11, 2019
Regulatory Division
Action ID No: SAW-2016-01985
Re: NCIRT Review and USACE Approval of the Request for Modification to the Neu -Con
Umbrella Mitigation Banking Instrument (UMBI) to add the Poplar Creek Mitigation Site
Mr. Brad Breslow
EBX-Neuse I, LLC
302 Jefferson Street, Suite 110
Raleigh, North Carolina 27605
Dear Mr. Breslow:
This letter is to inform you that the Wilmington District, Corps of Engineers (Corps) has
reviewed and approved the Poplar Creek Mitigation Site, dated November 2018. In addition, the
Corps has issued a Nationwide Permit 27 (NWP 27) verification letter authorizing work in waters
of the United States associated with restoration of aquatic resources on the mitigation bank site.
As bank sponsor you are required to comply with the approved Neu -Con UMBI, Final Mitigation
Plan —Poplar Creek Mitigation Site, the terms and conditions of your NWP 27 verification letter,
and the Corps' regulations regarding compensatory mitigation (33 CFR 332).
The bank sponsor accepts all risk, liability, and responsibility for the success of all mitigation
activities associated with the approved mitigation bank site. In accordance with the final
mitigation plan, the bank sponsor must prepare and submit annual monitoring reports to
document whether the stream (4,273 linear feet) restoration and enhancement areas on the
project site meet the necessary interim and final performance standards. When credits are
debited from the mitigation site, the bank sponsor must provide the Corps with an updated ledger
form identifying the purchaser of the credits, the project name, the permit number, and the
number and type of credits to be debited. When all stream (3,926 stream mitigation units
(SMUs)) credits have been consumed, no more credits may be sold from this mitigation site.
From the Corps' perspective, the next phase in the establishment of the Neu -Con UMBI,
Poplar Creek Mitigation Bank, includes recording the conservation easement to protect the
mitigation site, marking the boundary of the site with permanent signs, and executing the
necessary financial assurances. Once the conservation easement has been recorded and we
receive the required executed financial assurance documents, the Corps will be in a position to
approve an initial credit release for 15% of the total stream restoration and enhancement
mitigation credits. We look forward to working with you to ensure the Poplar Creek Mitigation
Site complies with the requirements of the approved UMBI and site -specific mitigation plan.

In all future correspondence concerning this matter, please refer to our file number, SAW-
2016-01985. If you have any questions regarding this letter, the mitigation plan review process, or
the requirements of the Mitigation Rule, please contact Ms. Samantha Dailey by email at
Samantha.J.Dailey&usace.army.mil or by phone at [phone] extension 22.
Sincerely,
Digitally signed by WICKER.HENRY.M.JR.1229818267
WICKERAENRY.M.Al 229818267 ccn=WICKER.HEN YMJR. 229818267oD, ou=PKl, ou=USA,
Date: 2019.02.15 13:10:35-05'00'
Henry Wicker
Deputy Chief, Regulatory Division
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-01985 County: JOHNSTON U.S.G.S. Quad: NC — SELMA
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: EBX-Neuse I, LLC
Mr. Brad Breslow
Address: 302 Jefferson Street, Suite 110
Raleigh, North Carolina 27605
Size (acres) 23.59
Nearest Waterway Poplar
USGS HUC 03020201
Nearest Town Smithfield
River Basin Neuse River
Coordinates Latitude:35.5552
Longitude:-78.356735
Description of the project location: The project area is identified as an approximate 23.59 acre tract of land, located on Johnston
Countv. North Carolina Parcels 169500-16-5546.69500-25-0748. 169500-25-9195. 169500-36-5192. 169500-36-8766. 169500-47-
2720, and 169500-34-9404. These parcels are located between 538-848 Lee Youngblood Loop, Smithfield, Johnston County,
North Carolina. Work in waters of the United States (U.S.) would occur in tributaries and wetlands within the Poplar Creek
watershed, a direct tributary of the Neuse River (8-di2it HUC: 03020201).
Description of projects area and activity: The applicant, EBX-Neuse I, LLC, has requested a Department of the Army
authorization to discharge dredged and/or fill material into waters of the U.S. in coniunction with the Poplar Creek Mitigation
Site. Proiect activity will involve the aquatic restoration and enhancement of 4,273 linear feet of stream channel.
Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 0.240
acres of wetland, 1,960 linear feet of stream channel, and 3.34 acres of open water in conjunction with the mechanized land
clearing. excavation. and stream relocation activities for the Poplar Creek Mitigation Site. Refer to the enclosed Table 1 for a
detailed summary of impacts.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 27 — Aquatic Habitat Restoration,
Enhancement, and Establishment Activities
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated November 12, 2018. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Samantha Dailey at 919-554-4884 x22 or Samantha.J.Daileynusace.army.mil.
Digitally signed by
DAILEY.SAMANT 48
DNI rUS, o AU.S. Government9ou=DoD,
HA.J.1 387567948con=DAILEY: AMANTHAJ.1387567948
Corps Regulatory Official: Date:2019.02.11 11:48:31 -osoo'
Date: February 11, 2019
Expiration Date of Verification: March 18, 2022

Indicate Which of the Following Apply:
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 anyway 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 be 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 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 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.
_ 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 [phone] 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 Dailey at 919-554-4884, ext. 22 or
by email at Samantha.J.Dailev(&usace.armv.mil.
C. Basis For Determination: Refer to the enclosed Preliminary JD Form, and Potential Wetland or Non -
Wetland Waters of the U.S. Map dated 11/5/2018 for a detailed summary of waters on -site
D. Remarks:
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 1OM15
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 N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Di hall si ned b
Corps Regulatory Official:
DAILEY.SAMANTHA. DAILEYSAMANTHA.J.1387567948
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
J.1387567948 Date: 2019.0.11114722A05'00'11387567948
Samantha J. Dailey
Date: February 11, 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://corpsmgpu.usace.anny.mil/cm apex/f?p=136:4:0.

Table 1. Authorized discharge of fill material into waters of the United States in association with the
Poplar Creek Mitigation Site (SAW-2016-01985).
Fill
Fill acreage
Regulated Discharge
Impact Number/ Aquatic
Flow Regime or
Length of
of wetland
Duration of
of Fill Material
Resource ID
Cowardin Class
Stream
(ac)
Fill Material
Activity
(If)
W1
Riverine Swamp
N/A
0.050
Permanent
Stream Relocation
Wetland WC
Forest
W2
Riverine Swamp
N/A
0.190
Temporary
Stream Relocation
Wetland WC
Forest
S1
YB 1-C
Perennial
602
N/A
Permanent
Stream Relocation
S2
Perennial
1,358
N/A
Permanent
Stream Relocation
YB 1-B
01
Pond B
Open Water
N/A
3.34
Permanent
Dewatering

SPECIAL CONDITIONS
ACTION ID: SAW-2016-01985
EBX-NEUSE I, LLC
POPLAR CREEK MITIGATION SITE
MITIGATION
1. The permittee understands and agrees that the document entitled "Final Mitigation Plan — Poplar Creek
Mitigation Site" dated November 2018, are incorporated and made part of this permit. Execution of the
work and terms given in the approved mitigation plan are a condition of this permit

Action ID Number: SAW-2016-01985 County: Johnston
Permittee: EBX-Neuse I, LLC
Mr. Brad Breslow
Project Name: Poplar Creek Mitigation Site
Date Verification Issued: February 11, 2019
Project Manager: Samantha Dailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: Samantha Dailey
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27857
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: EBX-Neuse I, LLC
File Number: SAW-2016-01985 Date: February 11, 2019
(Attn: Mr. Brad Breslow)
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.g.M.mil/Missions/CivilWorks/Re_ulatoD ProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
lor-
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Raleigh Regulatory Field Office
CESAD-PDO
Attn: Samantha Dailey
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 1OM15
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ms. Samantha Dailey, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPENDIX 2
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):
February 11, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Applicant: EBX-Neuse I, LLC
Mr. Brad Breslow
Address: 302 Jefferson Street, Suite 110
Raleigh, North Carolina 27605
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Neu -Con UMBI, Poplar Creek Mitigation Site,
EBX-Neuse I, LLC, Johnston County, SAW-2016-01985
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Johnston City: Smithfield
Center coordinates of site (lat/long in degree decimal format): Lat. 35.5552°N, Long.-78.356735' W.
Universal Transverse Mercator:
Name of nearest water body: Poplar Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
® Office (Desk) Determination. Date: February 11, 2019
® Field Determination. Date(s): June 22, 2017
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this
PJD is hereby advised of his or her option to request and obtain an approved JD (AID) for that review area based on an informed
decision after having discussed the various types of JDs and their characteristics and circumstances when they may be
appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other
general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made
aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms
and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less
compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual
permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever
mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to
use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and
all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R.
Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and
identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply): Checked items should be included in
subject file. Appropriately reference sources below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: EBX-Neuse I, LLC submitted a
Jurisdictional Determination Request on March 28, 2018, with revisions received on November 12, 2018.
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K, NC -Selma
® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: June 2017.
® National wetlands inventory map(s). Cite name: Corps of Engineers SimSuite — June 2017.
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): 1998 NAPP & 2010 ESRI World Imagery.
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later jurisdictional determinations.
Refer to the enclosed Table 1. Summary of On -Site Jurisdictional Waters
signed by
DA I L EY. S A MDigitally
DAILEY SAMANTHA.J.138756794
8
ANTH A.J.13
DN:c=US,o=U.S.=Government,
ou=DoD, ou=PKI, ouUSAUSA,
cn=DAI LEY. SAMANTHA.J.138756
87567948
7948
Date: 2019.02.11 11:43:47-05'00'
Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

Waters_Name
State
Cowardin_Code HGM_Code Meas_Type Amount
Units
Waters —Type
Latitude
Longitude Local_Waterway
YB1-C
NORTH CAROLINA
R4
Linear
602 FOOT
DELINEATE
35.5511
-78.356 Poplar Creek
YB2-B
NORTH CAROLINA
R5
Linear
1630 FOOT
DELINEATE
35.5504
-78.3517 Poplar Creek
YB3
NORTH CAROLINA
R4
Linear
760 FOOT
DELINEATE
35.5482
-78.3489 Poplar Creek
Wetland A (WA)
NORTH CAROLINA
PFO
Area
1.64 ACRE
DELINEATE
35.5485
-78.3487 Poplar Creek
Wetland B (WB)
NORTH CAROLINA
PFO
Area
0.02 ACRE
DELINEATE
35.5556
-78.3498 Poplar Creek
Wetland C (WC)
NORTH CAROLINA
PFO
Area
0.34 ACRE
DELINEATE
35.5519
-78.3512 Poplar Creek
Wetland F (WF)
NORTH CAROLINA
PFO
Area
0.24 ACRE
DELINEATE
35.5519
-78.3558 Poplar Creek
Pond A (PA)
NORTH CAROLINA
POW
Area
3.3 ACRE
DELINEATE
35.5541
-78.3506 Poplar Creek

�)res
N
DP-3
WB
I
m 0 200 400
- r -
t
�* � � e- - - � � • - - Feet
DP 1 in = aoo feet
r) tv Potential
Wetland or Non -Wetland Waters
of the U.S. Map
PA
Poplar Creek
„• �j A, Mitigation Site
Johnston County,
North Carolina
PB i
'\ Date: 03/28/2017 Drawn by: MDE
DP-4 f. Revised: 11/5/2018 Checked by: JRM
.�� . Legend
Proposed Easement
r O Upland Data Point
YB1-C Wetland Data Point
r!r �Wetlands Within Easement
(2.25 ac)
YB2-B Wetland Outside Easement
© (4.32 ac)
Open Water Within
r 1 Easement (3.29 ac)
Open Water Outside
i
`�1 ® Easement (3.34 ac)
Streams (4,020 If)
DP-1
REFERENCE
DP-2 t- _ 1) Horizontal Datum is NAD83 UTM Z15N.
�1 7 ►-
- ' - - 2) Map Projection is NAD_1983_StatePlane_
` '•. , North _Carolina
_FIPS_3200_Feet
i
YB3
n
li
1� 1