20180198 Ver 1_Sassarixa Technical Memo- DWR response_20190816

Strickland, Bev
From: Merritt, Katie
Sent: Friday, August 16, 2019 4:48 PM
To: Angela Allen
Cc: Dow, Jeremiah J; Wojoski, Paul A
Subject: Sassarixa Technical Memo- DWR response
Attachments: 20180198 Ver 2 -Buffer and -or Stream Determination_20180406.pdf; Site Viability
Letter (DMS_Wildlands) (3).pdf
Hey Angela,
In the mitigation plan for Sassarixa Creek, I received a memo from you dated July 22, 2019 requesting two things:
1) Request for T2, T5, T5A and T5C to be considered viable for buffer restoration and nutrient offset credits in
areas of active cattle pasture
2) Request for Reclassification of T4 Reach 3 from a wetland to a jurisdictional stream
Regarding Item #2 above, the rule requires that you must submit an appeal to the Director of the Division of Water
Resources. However, this request was provided to me in a mitigation plan. Therefore, I am unable to process your
request for Item #2. You can submit your appeal request to the DWR by following the appeal process outlined in the
letter attached to this email. It will be the Director's decision whether to grant or deny your request. I highly
recommend you provide photo points showing where your pictures were taken along Reach 3 of T4 if pursuing the
appeal to the Director.
Regarding Item #1 above, see response below:
-T2 begins at the tree line in the woods and ends at the confluence with Sassarixa Creek. If the agriculture fields fall
within the 200' from TOB of the stream call, then those areas will be viable as a Restoration Site and viable for either
buffer credit or nutrient offset credit, but not both. Please note, that T2 is shown on the mitigation plan as extending
beyond the treeline, which is not consistent with the call made by DWR in the attached stream determination.
-T5 (R1) is fully forested with active pasture from TOB -200' and therefore is only viable for buffer enhancement credit.
This assessment is final.
-T5 (R2 -R3) is fully forested with agriculture fields beyond the tree line. if the agriculture fields fall within the 200' from
TOB, then those areas will be viable as a Restoration Site and viable for either buffer credit or nutrient offset credit, but
not both. This assessment is final
-T5A - If the agriculture fields fall within the 200' from TOB, then those areas will be viable as a Restoration Site and
viable for either buffer credit or nutrient offset credit, but not both. This assessment is final.
-T5C was determined to be a headwater wetland system onsite and was not deemed a stream. The viability assessment
is dependent on the IRT approving the area as a Coastal HW Stream, which is interpreted as being approved to use the
Headwater Stream Guidance. This feature must comply with 15A NCAC 0213 .0295 (0)(2) and therefore, only the buffer
areas that are planted will be viable for buffer credit, and that includes just the fields. Therefore, if the agriculture fields
fall within the 200' from where the center of the valley is located, then those areas will be viable as a Restoration Site
per (0)(2) and viable for buffer credit only. Nutrient offset is not viable adjacent to coastal hw stream sites. This
assessment is final.
Thank you,
Katie

Wa ter Resources
ENVIRONMENTAL QUALITY
ROY COOPER
Go I'el Rol'
MICHAEL S. REGAN
se( /circ
LINDA CULPEPPER
Inicrim Director
May 21, 2018
John Hutton DWR ID# 2018-0198
Wildlands Engineering, Inc. Johnston County
312 West Millbrook Rd, Suite 225
Raleigh, NC 27609
(via electronic mail: jhutton(a wildlandseng com )
Re: Site Viability for Buffer Mitigation and Nutrient Offset & Buffer- Sassarixa Swamp Site
2-162 Olive Rd, Smithfield, NC
Neuse 03020201 (not in Falls WS)
Dear Mr. Hutton,
On February 9, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Wildlands Engineering, Inc. (WEI) for an onsite mitigation determination near the above -
referenced site (Site). The Site is located in the Neuse River Basin within the 8 -digit Hydrologic
Unit Code 03020201. The Site is being proposed as part of a full -delivery stream and riparian
buffer mitigation project for the Division of Mitigation Services (RFP #16-007279). Members of
the Interagency Review Team (IRT) and Division of Mitigation Services were also present
onsite. At your request, on February 23, 2018, Ms. Merritt performed an onsite assessment of
riparian land uses adjacent to streams onsite, which are shown on the attached map labeled "Figure
6A".
Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian
areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to
200' from each existing or proposed feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
'Subiect
Riparian Land uses
Buffer
2Nutrient
Mitigation Type Determination w/in riparian
to Buffer
adjacent to proposed
areas
Credit
Offset Credit
Rule
Feature (0-2001
Viable at
Viable
2,273
lbs acre
T1A
Stream
No
Forested pasture
Yes°
Yes (non-
Enhancement Site per 15A NCAC 02B .0295 (o)
@ DWR flag
actively grazed by
forested
(6)
cattle
areas only)
Ti
Stream
Yes
Forested & Non-
Yes°
Yes (non-
Fields - Restoration Site per 15A NCAC 02B
forested pasture
forested
.0295 (n)
actively grazed by
areas only)
cattle
Forested Areas - Enhancement Site per 15A
NCAC 02B.0295 (o) (6)
Sassarixa
Stream
Yes
Forested pasture
Yes^
No
Forested Areas - Enhancement Site per 15A
Creek
grazed by cattle
NCAC 02B.0295 (o) (6)
(R2 -R3)
No cattle observed in riparian areas below R-3
(see map)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Sassarixa Swamp Site
Wildlands Engineering, Inc
May 21, 2018
Feature
Classification
15ubiect
Riparian Land uses
Buffer
2Nutrient
Mitigation Type Determination w/in riparian
to Buffer
adjacent to proposed
areas
Credit
Offset Credit
Rule
Feature (0-2001
Viable at
Viable
2,273
lbs acre
T2 Pond
Pond (not in
No
Agriculture
No
No
N/A
line)
T2
Stream
Yes
(starts in the
Yes°
No
Forested Areas - Enhancement Site per 15A
(inside
woodline)
NCAC 02B .0295 (o) (6)
woodline)
Forested pasture
grazed by cattle
T3 (R1)
Ditch
No
Left Bank — Hay crop
No
Yes
Restoration Site per 15A NCAC 02B .0295 (n)
fields
Right Bank— Non -
forested pasture
grazed by cattle
T3 (112)
Ephemeral
No
Left Bank- hay crop
*Yes3.5
Yes (non-
Forested Areas - Preservation Site per 15A
fields and forest
forested
NCAC 02B .0295 (0)(7)
Right Bank — a narrow
areas only)
fringe of forested
Fields - Restoration Site per 15A NCAC 02B
areas; fields are
.0295 (0)(7)
actively grazed by
cattle.
*Must meet additional requirements under
.0295 (0)(7) to be viable for buffer mitigation
T3 (113)
Stream
Yes
Forested, no cattle
Yes3
No
Preservation Site per 15A NCAC 02B .0295
present
(0)(5)
T4 (R1)
Stream
Yes
Partial canopy
Yes^
Yes
Buffer Mitigation — Enhancement Site per 15A
forested pasture
NCAC 0213 .0295 (o) (6)
actively grazed by
cattle
Nutrient Offset — Enhancement Site per 15A
NCAC 02B .0295 (n) (planting required)
T4 (R2)
Stream
Yes
Partial canopy
Yes°
Yes
Buffer Mitigation — Enhancement Site per 15A
forested pasture
NCAC 0213 .0295 (o) (6)
actively grazed by
cattle
Nutrient Offset — Enhancement Site per 15A
NCAC 02B .0295 (n) (planting required)
T4 (R3)
Wetland/
No
Forested
No
No
N/A
Inconsistent
channelization
T5 (R1)
Stream
Yes
Full -canopy forested
Yes"
No
Enhancement Site per 15A NCAC 02B .0295 (o)
pasture actively
(6)
grazed by cattle
T5
Stream
Yes
Right Bank- Forested
Yes3
Yes (field
Forested Areas - Preservation Site per 15A
(112-113)
Left Bank- mostly
only)
NCAC 02B (0)(5)
forested with a crop
field
Fields - Restoration Site per 15A NCAC 02B
.0295 (n)
c 214

Sassarixa Swamp Site
Wildlands Engineering, Inc
May 21, 2018
Feature
Classification
'Subiect
Riparian Land uses
Buffer
2Nutrient
Mitigation Type Determination w/in riparian
to Buffer
adiacent to proposed
areas
Credit
Offset Credit
Rule
Feature (0-2001
Viable at
Viable
2,273
lbs acre
T5A
Stream
No
Full -canopy forested
Yes4
No
Enhancement Site per 15A NCAC 02B .0295 (o)
pasture actively
(6)
grazed by cattle with
adjacent ag fields
T5A
Wetland
No
Full -canopy forested
(see
No
Mitigation Note:
Wetland
(impacts from
pasture actively
note)
Proposing stream restoration to reconnect T5A
(see map)
cattle in T5
grazed by cattle
stream throughout. If stream restoration is
stream
approved by the IRT and a stream channel is
resulted in a
constructed, then the new riparian areas will
wetland)
be viable as an Enhancement Site per 15A
NCAC 02B.0295 (o) (6)
T513
Stream
Yes
Full -canopy forested
Yes4
No
Enhancement Site per 15A NCAC 02B .0295 (o)
pasture actively
(6)
grazed by cattle
T5C
Headwater
No
Full canopy forested
*Yes
No
Fields - Restoration Site per 15A NCAC 02B
Stream/
pasture surrounded by
(fields
.0295 (0)(2)
Wetland
agriculture fields
only)
complex
*Must be approved by the IRT as a Coastal
Headwater Stream Mitigation Site to be viable
for credit.
T6
Stream
Yes
Combination of
Yes4
Yes (field
Fields - Restoration Site per 15A NCAC 02B
forested pasture and
only)
.0295 (n)
agriculture fields
Forested Areas - Enhancement Site per 15A
NCAC 02B.0295 (o) (6)
Subjectivity calls for the features were determined by DWR in correspondence dated April 5, 2018 and April 6, 2018
using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil
survey map prepared by the NRCS.
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total
area of buffer mitigation per 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (0)(4). Site cannot be a Preservation only site
to comply with this rule.
'The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B
.0295(0)(6).
'The area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total area of
buffer mitigation per 15A NCAC 02B .0295 (0)(7).
Maps that are attached to this letter were provided by WEI and were initialed by Ms. Merritt on May
21, 2018. This letter should be provided in all stream, wetland, buffer and/or nutrient offset
mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
<; Cz. � 3 4

Sassarixa Swamp Site
Wildlands Engineering, Inc
May 21, 2018
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on May 21, 2020 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/km
Attachments: Figure 6A
cc: File Copy (Katie Merritt)
DMS — Jeff Schaffer (via electronic mail)
414

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Water Resources
ENVIRONMENTAL QUALITY
April 4, 2018
Wildlands Engineering, Inc
Attention: John Hutton
312 West Millbrook Rd, Suite 225
Raleigh, NC 27609
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR Project #18-0198
Johnston County
Subject: On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules
and Water Quality Standards (15A NCAC 02B.0233)
Subject Property/ Project Name: Sassarixa Swamp Full Delivery Site
Address/Location: 2-162 Old Olive Rd, Smithfield, NC (35.473294,-78.437318)
Stream(s) Evaluated: UTs to Sassarixa Creek & Black Creek
Determination Date: February 23, 2018
DWR Staff: Katie Merritt
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 02B.0233)
® Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 02B.0259)
(where local buffer ordinances apply)
❑ Catawba (15A NCAC 02B.0243)
❑ Jordan (15A NCAC 02B.0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 0213 .0250)
❑ Goose Creek (15A NCAC 02B.0605-.0608)
At the request of Wildlands Engineering, Inc, staff from the Division of Water Resources
(DWR) conducted site visits on multiple parcels located near the location indicated
above, for purposes of determining applicability of the Neuse River Riparian Buffer Rules
& Water Quality Standards. See the following table and written explanation regarding
the stream determinations.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Wildlands Engineering, Inc
Neuse River Riparian Buffer/Stream Determination
DWR Project #18-0198
Page 2 of 4
Feature IDl
Feature Type
Not
Subject
Start@
Stop@
Soil
USGS
Subject
Survey
Topo
T1A
Stream (1)
X
Flag (see
Confluence
map)
with T1
T1
Stream (1)
X
Culvert
Confluence
X
X
with
Sassarixa
Creek
Sassarixa
Stream (P)
X
Throughout
Throughout
X
X
Creek
T2 Pond
Pond (not in-line)
X
See map
X
T2
Stream (1)
X
Tree line
Confluence
X
with
Sassarixa
Creek
T3 (R1)
Ditch
X
See map
T3 (R2)
X
T3 (R2)
Ephemeral
X
See map
T3 DWR Flag
X
T3 (R3)
Stream (1)
X
Flag (see
Confluence
X
map)
with
Sassarixa
Creek
T4 (R1)
Stream (1)
X
Old Olive Rd
Wetland
X
(see map)
T4 (R2)
Stream (1)
X
Below
Fence line
X
wetland (see
(see map)
map)
T4 (R3)
Wetland'
X
Fence line
Throughout
X
(inconsistent
channelization and
ponding)
T5
Stream (1)
X
Old Olive Rd
Throughout
X
X
T5A
Stream (1)
X
Field edge
Wetland
(see map)
(see map)
T56
Stream (1)
X
Below Pond
Above Pond
X
A
B
T5C
Headwater
X
Field Edge
Confluence
Wetlands
(see map)
w/ T56
Pond A
Not assessed/off
n/a
n/a
property
Pond B
Pond (in-line)
X
Throughout
X
X
T6
Stream (1)
X
Throughout
X
X
1 See maps provided with letter showing labeled features
Z Ephemeral (E), Intermittent (1), Perennial (P)
3 Wetland delineation to be confirmed by the USACE

Wildlands Engineering, Inc
Neuse River Riparian Buffer/Stream Determination
DWR Project #18-0198
Page 3 of 4
The DWR has determined that some of the streams listed above have been located on the most
recently published NRCS Soil Survey of Johnston County, North Carolina and/or the most recent
copy of the USGS Topographic map at a 1:24,000 scale and were evaluated for applicability to
the Neuse Riparian Buffer Rule.
Maps are provided with this letter from Wildlands Engineering, Inc and were initialed by Katie
Merritt on April 4, 2018. Each feature that is checked "Not Subject" has been determined to
not be at least intermittent or not present on the property or not depicted on the required
maps. Streams that are checked "Subject" have been located on the property and possess
characteristics that qualify them to be at least intermittent streams. There may be other
streams or features located on the property that do not appear on the maps referenced above
but may be considered jurisdictional according to the US Army Corps of Engineers and subject
to the Clean Water Act.
This on-site determination shall expire five (5) years from the date of this letter. Landowners
or affected parties that dispute a determination made by the DWR may request a
determination by the Director. An appeal request must be made within sixty (60) calendar
days of the date of this letter to the Director in writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 2 7699-1 61 7
If sending via delivery service (UPS, FedEx,
etc.):
clo Karen Higgins
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within
sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not
approve any activity within the buffers. The project may require a Section 404/401
Permit for the proposed activity. Any inquiries regarding applicability to the Clean
Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory
Field Office at (919)-554-4884.

Wildlands Engineering, Inc
Neuse River Riparian Buffer/Stream Determination
DWR Project #18-0198
Page 4 of 4
If you have questions regarding this determination, please feel free to contact Katie Merritt at
[phone].
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: USGS Topographic Map, Johnston County Soil Survey Map, and Figure 6A
cc: Mary & Amanda Olive, 4000 Black Creek Rd, Smithfield, NC 27577
Hunter Olive, 3956 Black Creek Rd, Smithfield, NC 27577
David & Tami Thompson, 3583 Packing Plant Rd, Smithfield, NC 27577
Tami Thompson & June Jones Olive Revocable Trust, 3595 Packing Plant Rd, Smithfield,
NC 27577
Matthew Keen, 1121 Boyette Rd, Four Oaks, NC 27524
401 & Buffer Permitting Branch file
RRO DWR file
Filename: 180198SassarixaMitSite(Johnston)_Neuse_StreamDet.docx

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