20160980 Ver 1_Mitigation Remediation Plans_20220628

From: Davis. Erin B
To: Baker. Caroline D
Subject: Fw: [External] FW: RES NeuCon Meadow Spring SAW 2016-01989
Date: Tuesday, June 28, 2022 8:31:41 AM
Attachments: RES Meadow Spring SAW201601989 Adaptive Management Plan MY4.pdf
Laserfiche Upload: Email & Attachment
DWR#: 20160980 v.1
Doc Type: Mitigation Remediation Plans
From: Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, June 27, 2022 11:38 AM
To: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>; Kim Browning
<[e-mail]>; Haywood, Casey M CIV MVP
<[e-mail]>; Davis, Erin B <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Bowers, Todd <[e-mail]>;
[e-mail] <[e-mail]>
Cc: Jamey Mceachran <[e-mail]>
Subject: [External] FW: RES NeuCon Meadow Spring SAW 2016-01989
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Good morning IRT,
RES has submitted an AMP for the Meadow Spring Site, as requested during the Year 3
monitoring/credit release. In accordance with the 2008 mitigation rule, the IRT has 30 days to
provide comments; therefore, please provide any comments/concerns by July 27, 2022. At the end
of the comment period, if the IRT is generally in agreement that the AMP can be implemented, RES
will be applying for a NWP 3 to perform the maintenance activities associated with the bank. After
the AMP has been completed, I will be scheduling another site visit (likely in -line with the Year 4
monitoring plan).
Please let me know if you have any questions.
Best Regards,
Sam
Samantha Dailey
U.S. Army Corps of Engineers
Wilmington District, Regulatory Division, Raleigh Field Office
Email: Samantha.J.DaileyCa�usace.army.mil
Phone: [phone]

From: Jamey Mceachran <[e-mail]>
Sent: Thursday, June 23, 2022 11:16 AM
To: Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Cc: Bradley Breslow <[e-mail]>; Benton Carroll <[e-mail]>; Emily Ulman
<[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RES NeuCon Meadow Spring SAW 2016-01989
Good Morning Sam,
Based on last years monitoring and an early season site walk this year, RES would like to propose the
attached Adaptive Management Plan for the Meadow Spring Mitigation Site (SAW 2016-01989) for
IRT review and approval. We would like to conduct this work during this summer in the dry.
Additionally as we discussed, we believe all of these impacts from this work were already approved
in the original NWP 27 and therefore hope that all of these activities can be covered under a NWP 3:
Maintenance.
Please let me know if you would like me to submit to RIBITs as well or require any additional
information.
Thank you,
Jamey
Jamey Redding McEachran
Carolinas Ecology Team Lead
RES I res.us
D: 919.623.9889
Restoring a resilient earth for a modern world

June 23, 2022
Sam Dailey
USACE — Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RE: Meadow Spring (SAW-2o16-oi989) Stream and Wetland Mitigation Bank
Site — Year 4 Monitoring Adaptive Management Memo
Dear Ms. Dailey,
Throughout the life of the Meadow Spring Project, thus far, only minor maintenance activities have been
performed in order to create and maintain a high functioning stream, wetland, and riparian buffer system.
Maintenance activities within the 60.93-acre conservation easement, up to this point, have included:
• Supplemental livestake planting— March 2020, March 2022
• Supplemental bareroot planting— April 2020, January 2021
• Supplemental container planting— March 2022
• Invasive species treatment— May 2020, July 2021, December 2021
• Various hand stream repairs— October 2020, March 2021
During Year 3 (2021) monitoring activities performed in June and September 2021, RES observed a few
problem areas which require a more formulated approach than typical routine site maintenance. Of the
total 36.52 acres of Project wetlands, this plan will address roughly 1.54 acres, or four percent of all wetlands,
that are not meeting performance standards. Likewise, of the 7,658 linear feet of Project streams, this plan
will address roughly 150 linear feet, or 2 percent of all streams, that are in need of some maintenance
activity. The targeted areas within the conservation easement that this memo will address include, the
restoration portion of reach S6-8, the enhancement portion of reach S6-8, proposed Wetland H (to the
north of S6-8), and the downstream portion of reach S7 (Figure 1). Problem areas specified in this adaptive
management plan include failing log toes, a failing log sill, drained wetland hydrology, and stream bank
failure. RES engineers visited the site in March 2022 and compiled a list of four 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 late
Summer or early Fall 2022. All of the activities mentioned above are all activities included in the impacts of
the original Pre -construction Notification NWP 27 and will be permitted under a Nationwide Permit 3:
Maintenance.
Thank you,
Jamey McEachran I Project Manager
2

MEADOW SPRING MITIGATION SITE
Adaptive Management Plan 2022
JOHNSTON COUNTY, NORTH CAROLINA
Neuse River Basin 03020201
SAW-2o16-o1989 I NEU-CONSTREAMAND WETLAND UMBI I DWR Project # 2o16-o980u2
Provided by:
fires
Bank Sponsor: EBX-Neuse I, LLC,
An entity of Resource Environmental Solutions
3600 Glenwood Avenue, Suite loo
Raleigh, NC 27612
919-209-1055
June 2022
res.us

Appendices
• Figure 1- Adaptive Management Problem Areas
• Problem Area Photos
• MY3 2021 Cross Section Plots, #13, 14,15, and 16
• MY3 2021 Rain and Stream Hydrology Tables
• MY 3 2021 Wetland Tables
MY3 2021 Well Chart
• Design Details
• 404/4O1 Authorizations from Approved Mitigation Plan

Introduction
The Meadow Spring Mitigation Site (Site) is a Mitigation Bank in Year 4 of Monitoring (MY4) that is part of
the Neu -Con Umbrella Mitigation Banking Instrument. The site was approved on October 24t", 2018. It is
located in Johnston County, North Carolina, approximately three miles north of Smithfield and falls within
USGS Hydrologic Unit Code (HUC) 03020201 (35.5437,-78.3303). The project involves the restoration and
protection of streams in the Neuse River watershed and the restoration, enhancement, and preservation of
adjacent riparian wetlands. The purpose of this mitigation site is to restore, enhance and preserve a
stream/wetland complex located within the Neuse River Basin. The Site was designed in concurrence with
the Meadow Spring Riparian Buffer and Nutrient Offset Mitigation Bank.
Performance standards listed in the mitigation plan that fail to meet success, addressed in this adaptive
management plan, include:
• Maintain wetland hydroperiod of at least 12 percent during growing season
• Bank height ratio shall not exceed 1.2 on riffles
• Identify and document significant stream problem areas; i.e. degradation, aggradation, stressed
or failed structures, etc.
Summary From Previous Monitoring Year
Cross-section data
The cross-section monitoring stations in the vicinity of the problem areas discussed below include cross -
sections 13, 14, 15, and 16 (Appendices). Cross -sections 13 and 14 remained stable, as they are upstream
of the failing log toe structures (Area 1). Little change can be seen in cross-section 15, as it is between
problem areas. Some change can be seen from MYO; however, the natural alteration of the stream profile
remains only slight. Cross section 16 shows a larger impact from the failing log sill directly in line with the
monitoring station (Area 4). The erosion seen along the right bank is due to water moving around the log
sill, instead of over it, which in turn has caused the water to eat into the right bank. The progression of the
erosion can be seen in the cross-section plot (Appendices) from MYO, to the most recent monitoring data
from MY3. Photos can also be found in the Appendices.
Stream Hydrology data
Stage recorder S613 Year 3 data, between the problem Area 1 log toe failures, is included in the Appendices.
One bankfull event was recorded in 2021, 0.09 feet above the top of bank.
Wetland Hydrology data
Groundwater well 7 (GW7), situated adjacent to the stream, along the left bank of S613 did not meet the
hydroperiod success criteria of 12 percent in MY3. The hydroperiod for GW7 in 2021 was 4 percent. Problem
Area 2, described below, is most likely the cause of the hydroperiod failure. Photos and data regarding GW7
(wetland tables and graph) can be found in the Appendices.

Description of Proposed Corrective Measures
Area 1 (S6113)
Issue: Two failing log toe structures have become dislodged from their respective banks along the
downstream portion of S613 (33+55 to 33+85 and 34+45 to 34+65). These structures were intended to
provide bank stabilization, in order to dissipate and redirect the stream's energy.
Cause: Log toes were installed with small gap between logs. Water eventually eroded through this area and
subsequently eroded the banks behind the logs dislocating them from the bank.
Treatment: Remove both log toes and replace with brush toes and live stakes. Potential live stake species
could include black willow, silky willow, silky dogwood, or eastern cottonwood.
Area 2 (Wetland H)
Issue: Wetland H is failing to meet the hydroperiod success criteria for re-established wetlands. The
hydroperiod for this portion of the wetland has remained under the 12% hydroperiod success criteria since
the construction of the site. Though hydrology has improved from a 2% hydroperiod to a 4% hydroperiod
over the past three years, a 12% hydroperiod is needed to meet the performance standard.
Cause: The ditch to the north of Wetland H, adjacent to reach S613, has been diverting water from the
wetland, into the ditch. This has caused a loss of hydrology to the wetland and surrounding area The ditch
was not plugged properly and has been diverting water from the surrounding wetland area.
Treatment: Install one 150-foot-long plug to the ditch that runs parallel to stream (S613). The plug should
be 50 feet wide and a half foot high above top of bank. Line downstream side of plug closest to the
powerline with Class B rip rap to stabilize potential "over plug" flows.
Area 3 (S6113)
Issue: Bank failure/erosion along the Enhancement I section of S613 (upstream of the easement break).
Cause: Channel is incised, causing increase in channel forces.
Treatment: Lay back, grade, and mat the banks along this section of Enhancement 1 (36+65 to 37+55),
just west of the easement break. Live stake this area with potential species including black willow, silky
willow, silky dogwood, or eastern cottonwood.
Area 4 (Downstream S7)
Issue: Failing log sill causing bank erosion. The right bank of the log sill blew out and water worked its way
around instead of going over the log sill. Log sill no longer functioning or holding grade.
Cause: The brush toe on the downstream end of the log sill did not quite abut the log when installed. This
resulted in a small area of weakness which was eventually exploited and ultimately lead to significant erosion
and structure failure.
Treatment: Reinstall the log sill with the low side on the left bank (50+70 to 50+80). Add in brush toe to
left bank. Rebuild right bank with stone toe and soil lift. Live stake all grading with potential species
including black willow, silky willow, silky dogwood, or eastern cottonwood. All work will generally be
conducted above the high water mark and therefore will not trigger the need for any additional permitting.
Photos of each problem area are found in the Appendices, as well as a site map with locations. The design
and construction details for each area are also found in the Appendices. The proposed work falls within the
treatment outlined in the approved Final Mitigation Plan. The original 404/401 authorizations from the
approved mitigation plan are included however these impacts mentioned above will be covered under a
Nationwide Permit 3 for Maintenance Activities under a concurrent process.
4

Appendices
• Figure 1- Adaptive Management Problem Areas
• Problem Area Photos
• MY3 2021 Cross Section Plots, *13, 14,15, and 16
• MY3 2021 Rain and Stream Hydrology Tables
• MY 3 2021 Wetland Tables
• MY3 2021 Well Chart
• Design Details
• 404/4O1 Authorizations from Approved Mitigation Plan

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Meadow Spring Adaptive Management Plan Problem Area Photos
Area 1: S6B, left bank erosion near stage recorder
and dislodged log toe (3/02/2022)
Area 2: Looking at the banks along the ditch
Area 3: SO, looking downstream at the bank
erosion (3/02/2022)
Area 1: S6B, looking downstream from the stage
recorder at the second dislodged log toe
Area 2: Looking downstream along the ditch
Area 3: SO, looking downstream at the bank
erosion (3/02/2022)

Area 4: S7, looking at and upstream from the failing Area 4: S7, Looking at the erosion on the right bank
log sill (2/10/2022) of the failing log sill (6/16/2021)
Area 2: GW7, within Wetland H (2/10/2022)
Area 2: Juncus around GW7 (2/10/2022)

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2021 Rainfall Summary
Month
Average
Normal Limits
JoCo Airport
Station Precipitation
30 Percent
70 Percent
January
4.24
3.24
4.93
4.32
February
3.64
2.51
4.34
4.89
March
4.57
3.44
5.33
2.10
April
3.24
1.99
3.92
0.58
May
4.17
2.91
4.96
1.60
June
4.14
2.70
4.97
5.14
July
5.43
3.48
6.53
7.27
August
4.58
3.05
5.49
2.93
September
4.54
2.26
5.55
0.80
October
3.16
1.89
3.81
NA
November
2.95
1.86
3.55
NA
December
3.05
2.02
3.65
NA
Total
47.71
31.35
57.03
29.63
Above Normal Limits
Below Normal Limits
Documentation of Geomorphically Significant Flow Events
Year
Number of Bankfull
Events
Maximum Bankfull
Height (ft)
Date of Maximum Bankfull
Event
Stage Recorder S6B
MYl 2019
0
0.00
N/A
MY2 2020
5
0.75
2/7/2020
MY3 2021
1
0.09
7/9/2021
Stage Recorder S11
MY12019
2
0.77
9/5/2019
MY2 2020
12
11.00
2/29/2020
MY3 2021
5
8.48
1/4/2021

Table 12.
2021 Max Hydroperiod (Growing Season 18-Mar through 6-Nov, 233 days)
Success Criterion 12%
Well ID
Wetland
ID
Wetland
Treatment
Consecutive
Cumulative
Occurrences
Days
Hydroperiod
%
Days
y
Hydroperiod
GW1
I WI
E (3:1)
20
8
83
35
14
GW2
WI
E (3:1)
94
40
186
80
2
GW3
WB
RH (1.5:1)
35
15
98
42
12
GW4
WH
RE (1:1)
16
7
61
26
11
GW5
WH
RE (1:1)
16
7
44
19
14
GW6
WH
RE (1:1)
53
23
118
50
5
GW7
I WH
RE (1:1)
9
4
26
11
7
GW8
WF-B
E (3:1)
54
23
140
60
7
GW9
WGA
E (3:1)
122
52
185
79
2
GW10
WGB
E (5:1)
53
23
146
63
5
GWII
WF-A
p
31
13
100
43
9
RGWl
I WF-A
p
2
1
11
5
12
<5% 1 5-11% 1>12%
Table 13.
Summary of Groundwater Monitoring Results
Meadow Spring
Well ID
Wetland
ID
Wetland
Treatment
H dro eriod % ; Success Criteron 12%
Year 1
2019
Year 2
2020
Year 3
2021
Year 4
2022
Year 5
2023
Year 6
2024
Year 7
2025
GW1
WI
E
9
6
8
GW2
WI
E
17
26
40
GW3
WB
RH
7
17
15
GW4
WH
RE
2
5
7
GW5
WH
RE
2
8
7
GW6
WH
RE
8
23
23
GW7
WH
RE
2
4
4
GW8
WF-B
E
8
18
23
GW9
WGA
E
19
81
52
GW10
WGB
E (5: 1)
8
26
23
GW11
WF-A
P
1 10
22
13
RGW1
WF-A
P
1 2
5
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA28403-1343
October 24, 2018
Regulatory Division
Action ID No: SAW-2016-01989
Re: NCIRT Review and USACE Approval of the Request for Modification to the Neu -Con
Umbrella Mitigation Banking Instrument (UMBI) to add the Meadow Spring 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 Meadow Spring Mitigation Site, dated September 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 —Meadow Spring 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 (7,658 linear feet) and wetland (36.51 acres) restoration,
enhancement, and preservation 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 (5,523 stream mitigation units (SMUs)) and wetland (14.41 wetland mitigation units
(WMUs)) 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,
Meadow Spring 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 and wetland restoration and
enhancement mitigation credits, and 100% of the total stream and wetland preservation
mitigation credits. We look forward to working with you to ensure the Meadow Spring

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-
2016-01989. 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.Daileygusace. army. mil or by phone at [phone] extension 22.
Sincerely,
DoUole nent uD2uPWIICKER.HENRY.M.JR.12 DN c=US =S. Gmo=oD o=KI,
ou=USA, cn=WICKER.HENRY.MJR.122981826729818267
Date: 2018.10.24 13:13:29-04'00'
Henry Wicker
Deputy Chief, Regulatory Division
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-01799 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) 60.9
Nearest Waterway Neuse River
USGS HUC 03020201
Nearest Town Smithfield
River Basin Neuse River
Coordinates Latitude:35.546512
Longitude:-78.335366
Description of the project location: The project area is identified as an approximate 60.9 acre tract of land, located on Johnston
Countv, North Carolina Parcel 169500746294. This parcel is located at 2082 Wilson's Mills Road, Smithfield, Johnston
Countv, North Carolina. Work in waters of the United States (U.S.) would occur within unnamed tributaries 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 Meadow SDrin
Mitigation Site. Project activitv will involve the aquatic restoration, enhancement, and preservation of 7,658 linear feet of
stream channel and 36.51 acres of wetland. Implementation of the proposed restoration, enhancement, and preservation
activities will result in the discharge of fill material into 2.08 acres of wetland, 3,491 linear feet of stream channel, and 1.46
acres of open water in conjunction with the mechanized land clearing, excavation, and stream relocation activities for the
Meadow Spring 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 September 21, 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 (CAMA),
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 Dailev at 919-554-4884 x22 or Samantha.J.Dailevnusace.armv.mil.
Corps Regulatory Official:
Digitally signed by
DALY.SM387567948
DAILEY.SAMANT DNI cEUSAo AU.S.HGovemment, o—DoD,
HA.JA 387567948 con=DAILEY: AMANTHA.J.1387567948
Date: 2018.10.2415:22:21-04'00'
Date: October 24, 2018
Expiration Date of Verification: March 18, 2022

Table 1. Authorized discharge of fill material into waters of the United States in association with the
Meadow Spring Mitigation Site (SAW-2016-01989)
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
Non -Tidal
N/A
0.4
Temporary
Restoration
Wetland B
Freshwater March
W2
Non -Tidal
N/A
0.01
Permanent
Fill/Restoration
Wetland B
Freshwater March
W3
Headwater Wetland
N/A
1.27
Temporary
Restoration
Wetland F
W4
Headwater Wetland
N/A
0.35
Permanent
Restoration
Wetland F
W5
Riverine Swamp
N/A
0.02
Permanent
Fill/Restoration
Wetland G
Forest
W6
Riverine Swamp
N/A
0.03
Permanent
Fill/Restoration
Wetland G
Forest
S1
Perennial
1,220
N/A
Permanent
Stream Relocation
Stream S6A
S2
Perennial
215
N/A
Permanent
Stream Relocation
Stream S5
S3
Perennial
1,150
0. N/A
Permanent
Stream Relocation
Stream S6B
S4
Perennial
906
N/A
Permanent
Stream Relocation
Stream S11
01
Open Water
N/A
1.39
Permanent
Drain
POW 1
O2
Ditch
N/A
0.07
Permanent
Fill/Plug Ditch
Ditch A

SPECIAL CONDITIONS
ACTION ID: SAW-2016-01989
EBX-NEUSE I, LLC
MEADOW SPRING MITIGATION SITE
MITIGATION
The permittee understands and agrees that the document entitled "Final Mitigation Plan — Meadow
Spring Mitigation Site" dated September 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-2016-01989 County: Johnston
Permittee: EBX-Neuse I, LLC
Mr. Brad Breslow
Project Name: Meadow Sprint Mitigation Site
Date Verification Issued: October 24, 2018
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

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 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 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.Dailevnusace.armv.mil.
C. Basis For Determination: Refer to the enclosed Preliminary JD Form, and Figure 1 — Existing
Conditions Map, dated 9/19/2018 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. Digitally signed by
Corps Regulatory Official:
DAILLY.SAMANTHA DAILEY.SAMANTHA.J.1387567948
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
J.1387567948 Date:2018n10.24I 1523:0A04'00'J 1387567948
Samantha J. Dailey
Date: October 24, 2018 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://co!psmapu.usace.army.mil/cm apex/f?p=l36A:0.

APPENDIX 2
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):
October 24, 2018
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, Meadow Spring Mitigation Site,
EBX-Neuse I, LLC, Johnston County, SAW-2016-01989
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. 35.546512°N, Long.-78.335366' W.
Universal Transverse Mercator:
Name of nearest water body: Neuse River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
® Office (Desk) Determination. Date: October 24, 2018
® 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 (AJD) 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 AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, 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 AJD 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 1, LLC submitted a
Jurisdictional Determination Request on January 27, 2017.
® 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 iurisdictional determinations.
Refer to the enclosed Table 1. Summary of On -Site Jurisdictional Waters
DAILEY.SAMA
NTHA113875
67948
Digitally signed by
DAI LEY.SAMANTH A.J.1387567948
DN: c=US, o=U.S. Government,
ou=DoD, ou=PKI, ou=USA,
cn=DAI LEY.SAMANTHA.J.1387567
948
Date: 2018.10.2415:27:36-04'00'
Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)
i 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.

itude Local Waterway
Wetland A (WA)
NORTH CAROLINA
PEM
Area
0.12 ACRE DELINEATE
35.549
-78.3424 Neuse River
Wetland B (WB)
NORTH CAROLINA
PEM
Area
124 ACRE DELINEATE
35.5479
-78.3412 Neuse River
Wetland C (WC) out of easement
NORTH CAROLINA
PEM
Area
ACRE DELINEATE
35.5487
-78.3352 Neuse River
Wetland D (WD)
NORTH CAROLINA
PFO
Area
0.07 ACRE DELINEATE
35.547
-78.3355 Neuse River
Wetland E (WE)
NORTH CAROLINA
PFO
Area
0.1 ACRE DELINEATE
35.5459
-78.3357 Neuse River
Wetalnd F (WF)
NORTH CAROLINA
PFO
Area
4.43 ACRE DELINEATE
35.5438
-78.3348 Neuse River
Wetland G (WG)
NORTH CAROLINA
PFO
Area
21.71 ACRE DELINEATE
35.5436
-78.3304 Neuse River
Pond
NORTH CAROLINA
POW
Area
1.39 ACRE DELINEATE
35.5491
-78.3413 Neuse River
Ditch
NORTH CAROLINA
U
Linear
FOOT RPW
35.5485
-78.3409 Neuse River
S1
NORTH CAROLINA
R4
Linear
250 FOOT DELINEATE
35.5505
-78.3435 Neuse River
S2
NORTH CAROLINA
R4
Linear
500 FOOT DELINEATE
35.5492
-78.3423 Neuse River
S5
NORTH CAROLINA
R5
Linear
215 FOOT DELINEATE
35.55
-78.3389 Neuse River
S6a
NORTH CAROLINA
R5
Linear
2535 FOOT DELINEATE
35.5495
-78.3381 Neuse River
S7
NORTH CAROLINA
R5
Linear
1487 FOOT DELINEATE
35.5472
-78.3353 Neuse River
S9
NORTH CAROLINA
R5
Linear
665 FOOT DELINEATE
35.5444
-78.3356 Neuse River
S11
NORTH CAROLINA
R5
Linear
906 FOOT DELINEATE
35.5432
-78.334 Neuse River
S12
NORTH CAROLINA
R5
Linear
380 FOOT DELINEATE
35.5415
-78.3327 Neuse River
S13
NORTH CAROLINA
R5
Linear
454 FOOT DELINEATE
35.5418
-78.3331 Neuse River

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
November 8, 2018
DWR # 16-0980
Johnston County
Resource Environmental Solutions
Attn: Jamey McEachran
302 Jefferson Street, Suite 110
Raleigh, NC 27605
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Meadow Spring Mitigation Site
Dear Mr. McEachran:
You have our approval for the impacts listed below for the purpose described in your
application dated September 27, 2018, received by the Division of Water Resources,
October 15, 2018. These impacts are covered by the attached Water Quality General
Certification Number 4134 and the conditions listed below. This certification is associated
with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific
and general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. (15A NCAC 02H .0506(b) and/or (c)]
NORTH�D_ E Q��
a-N.. e
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh. North Carolina 27699-1611
919.707.9000

Meadow Spring Mitigation Site
DWR# 16-0980
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404 401 Wetlands
W1
0 acres
0.400 acres
W2
0.100
0
W3
0
1.270
W4
0.350
0
W5
0.020
0
W6
0.030
0
Total
0.41
1.67
Stream
S1
1,220 linear feet
0 linear feet
S2
215
0
S3
1,150
0
S4
906
0
Total
3,491
0
Open Waters
O1
1.39 acres
0 acres
02
0.07
0
Total
1.46
0
2. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of the
Certification. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and
General Certification(s)/Permit/Authorization and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2)]
The issuance of the 401 Water Quality Certification for the
restoration/enhancement project does not represent an approval of credit yield for
the project. [15A NCAC 02H .0500(h)]
4. You have our approval for your proposed final stream enhancements/restorations
plan. The stream restorations/enhancements must be constructed, maintained, and
monitored according to the plans approved by this Office and this Certificate of
Coverage. Any repairs or adjustments to the site must be made according to the
NORTH fAF01_INRDF6�'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh. North Carolina 27699-1611
919.707.9000

Meadow Spring Mitigation Site
DWR# 16-0980
Page 3 of 4
approved plans or must receive written approval from this Office to make the
repairs or adjustments. [15A NCAC 02H .0506(h)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E
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 farm may be obtained from the OAH at http:/Jwww.ncoah.cow or by calling the
OAH Clerk's Office at [phone] 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 be faxed to the OAH at [phone], 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.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
lfsending via delivery service (UPS,
Fed Ex, 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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
None. cnria�N D! E Q:>
000wvnan ee u�aanw�r u�114 V
North Carolina Department of Environmental Quality J Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

Meadow Spring Mitigation Site
DWR# 16-0980
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Mac Haupt at 919-707-3632 or mac.haupt(Elcdenr.gov if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supery r
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Samantha Dailey, USACE Raleigh Regulatory Field Office (via email)
Danny Smith DWR Raleigh Regional Office 401 file (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 160980MeadowSpring(lohnston)_401_approvalltr_Nov 8, 2018.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh. North Carolina 27699-1611
919.707.9000