20180198 Ver 1_USACE eApproval Letter_20191001

Strickland, Bev
From:
Browning, Kimberly D CIV USARMY CESAW (USA)
<[e-mail]>
Sent:
Tuesday, October 01, 2019 2:35 PM
To:
Baumgartner, Tim
Cc:
Dow, Jeremiah J; Schaffer, Jeff, Angela Allen; Shawn Wilkerson; Tugwell, Todd J CIV
USARMY CESAW (US); Haupt, Mac; Kim Browning; Davis, Erin B; Wilson, Travis W.;
Bowers, Todd; Steffens, Thomas A CIV USARMY CESAW (USA); Merritt, Katie;
[e-mail]; Wells, Emily N; Crumbley, Tyler A CIV USARMY CESAW
(USA); McLendon, C S CIV USARMY CESAW (USA); Gibby, Jean B CIV USARMY CESAW
(USA)
Subject:
[External] eApproval Letter NCDMS Sassarixa Swamp / Johnston Co /
SAW -2018-00432 (UNCLASSIFIED)
Attachments:
Draft Mit Plan Comment Memo-Sassarixa Swamp_2018-00432.pdf; eApproval
Letter-Sassarixa Swamp_SAW-2018-00432.pdf
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CLASSIFICATION: UNCLASSIFIED
Mr. Baumgartner,
Attached is the Sassarixa Swamp Draft Mitigation Plan approval letter and copies of all comments generated during the
project review. Please note that this letter approves the Draft Mitigation Plan provided that the Final Mitigation Plan
adequately addresses all comments on the attached memo. Please provide a copy of the Final Mitigation Plan when you
submit the Pre -Construction Notice for the NWP 27. If no permit is required to construct the project, please submit a
copy of the Final Mitigation Plan to our office at least 30 days prior to beginning construction. Also, please ensure that a
copy of the Final Mitigation Plan is posted to the NCDMS project documents so that all members of the IRT have access
to the Final plan.
Please let me know if you have any questions about the process or the attached letter.
Thanks,
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60
BUILDING STRONG (r)
-----Original Message -----
From: Browning, Kimberly D CIV USARMY CESAW (US)
Sent: Friday, September 13, 2019 2:36 PM

To: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>; Haupt, Mac <[e-mail]>;
Kim Browning <[e-mail]>; Davis, Erin B <[e-mail]>; [e-mail];
[e-mail]; Sullivan, Roscoe L III CIV (US) <[e-mail]>;
[e-mail]; Steffens, Thomas A CIV USARMY CESAW (USA) <[e-mail]>;
Merritt, Katie <[e-mail]>; [e-mail]; [e-mail]; Crumbley, Tyler A CIV
USARMY CESAW (USA) <[e-mail]>; McLendon, C S CIV USARMY CESAW (USA)
<[e-mail]>; Gibby, Jean B CIV USARMY CESAW (USA) <[e-mail]>
Cc: Dow, Jeremiah J <[e-mail]>; Schaffer, Jeff <[e-mail]>; Angela Allen
<[e-mail]>
Subject: Notice of Intent to Approve/ Sassarixa Swamp / Johnston Co / SAW -2018-00432 (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Good afternoon and happy Friday!
We have completed our review of the Draft Mitigation Plan for the NCDMS Sassarixa Swamp Mitigation Project (SAW -
2018 -00432). Please see the attached memo, which includes all NCIRT comments that were posted on the DMS
SharePoint site during the review process along with additional comments provided by Wilmington District staff
following our review.
We have evaluated the comments generated during the review period, and determined that the concerns raised are
generally minor and can be addressed in the final mitigation plan. Accordingly, it is our intent to approve this Draft
Mitigation Plan (contingent upon the attached comments being addressed in the Final Mitigation Plan) unless a member
of the NCIRT initiates the Dispute Resolution Process, as described in the Final Mitigation Rule (33 CFR Section 332.8(e)).
Please note that initiation of this process requires that a senior official of the agency objecting to the approval of the
mitigation plan (instrument amendment) notify the District Engineer by letter within 15 days of this email (by COB on
September 27, 2019). Please notify me if you intend to initiate the Dispute Resolution Process.
Provided that we do not receive any objections, we will provide an approval letter to NCDMS at the conclusion of the 15 -
day Dispute Resolution window. This approval will also transmit all comments generated during the review process to
NCDMS, which must be addressed in the Final Mitigation Plan to be submitted with the Preconstruction Notification
Application for NWP 27. All NCIRT members will receive a copy of the approval letter and all comments for your records.
Thank you for your participation.
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60
BUILDING STRONG (r)
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
CESAW-RG/Browning
MEMORANDUM FOR RECORD
September 13, 2019
SUBJECT: Sassarixa Swamp Mitigation Site - NCIRT Comments during 30 -day Mitigation Plan Review
PURPOSE: The comments listed below were received during 30 -day comment period in accordance with
Section 332.8(g) of the 2008 Mitigation Rule in response to the Notice of NCDMS Mitigation Plan Review.
NCDMS Project Name: Sassarixa Swamp Site, Johnston County, NC
USACE AID#: SAW -2018-00432
NCDMS #: 100040
30 -Day Comment Deadline: August 31, 2019
DWR Comments. Mac Haunt and Katie Merritt. -
1. DWR has concerns regarding the 3 tributaries added since the post -contract site visit. Reaches TIB and
T1D appear to be associated with wetlands. In addition, they did not appear on the DWR stream call
list. The drainage areas are extremely small so there are serious questions whether these features are
wetlands, or some sort of ephemeral conveyance.
2. DWR recommends a figure/concept map be included in the 404/401 mitigation plan where all State and
Federal credits/offsets are being generated.
3. There appears to be considerable wetland acreage on site (Figure 6). Table 6 states there are 13.034
acres of wetlands on the site, which represents approximately 22% of the conservation easement/project
area. We were a little surprised there wasn't more discussion of what the proposed site will do to
enhance/restore these wetlands.
4. Table 16- Project Stream Assets- How does reach T1A go from existing footage of 67 to restoration
footage of 358? While proposed as E2, it appears some work on channel features is being performed,
however; is it possible upper T1A was not a stream as seen in the DWR stream call?
5. Section 8.6.3- Preservation Reaches- and footnote 1 in Table 16, how much of T4 R3 is considered for
preservation credit? With 275 linear feet going subterranean for significant portions of the year, it may
be a different (higher) credit ratio is necessary for this reach.
6. Figure 11- Monitoring Component Map- The flow gauge for T2 will need to be moved down to at least
mid -reach (out of the relic pond bed). DWR requires an additional flow gauge on reach T3 at station
402+30 (design sheet 1.31). In addition, depending on the answer to #4, DWR may require another flow
gauge on T4 R3.
7. Design sheet 1.32- please install a wetland gauge on stream right at station 404+75.
8. As stated at the post contract site visit by several IRT members, DWR believes reach T2 is at a high risk
for losing flow and not maintaining channel like characteristics.
9. DWR believes there may be flow issues on reach T3.

10. DWR requests capping the proposed percentage of green ash (Fraxinus pennsylvanica) to be planted at
5% due to emerald ash borer (Agrilus planipennis).
11. DWR was under the impression that most of the area around reaches T5A, T513 and T5C would be
protected within the conservation easement. As seen in design sheet 5.10 much of the wetland area
outside reach T5A will not be in the easement. This was not the proposed easement shown in the initial
proposal. If this is the case, DWR will revise our recommendations for the enhancement ratios due to
fact that if cattle pressure continues in the adjacent wetlands not in the easement, the functional benefit
of the enhancement is greatly reduced.
12. Fencing is only proposed on the left side of Sassarixa Creek as shown on plan sheets 5.0-5.3. No
existing or proposed fencing is shown on the right side/bank. However, there is an internal crossing
proposed on Sheet 1.2. If this crossing is to give cattle access to the other side of Sassarixa in the future,
there needs to be fencing installed on the left side/bank of Sassarixa Creek as part of this Plan.
13. DWR would also like to reiterate the IRT's position of fragmented reaches and reaches above and below
ponds. Collectively, fragmented reaches, numerous crossings and/or breaks in the stream reaches, and
ponds breaking up aquatic passage and nutrient flows; all these characteristics undermine the functional
uplift potential of the project. In the future, this type of site will likely not be approved.
USACE Comments, Kim Browning:
1. IRT field notes from February 23, 2018 indicate that the wetland areas around reaches T5A, T5B and T5C
would be protected within the conservation easement. As presented now, the easement area has changed
and a large portion of the wetland around reach T5A will not be in the easement. The enhancement ratio
on this reach would be more appropriate at 4:1 due to the anticipated future impacts to surrounding
wetlands by livestock.
2. Section 5—Functional Uplift: The functional pyramid is used to demonstrate current and projected
conditions; however, there are no assessment data sheets to document how each reach was assessed. Please
include these in the appendix.
a. NCSAM sheets are included in the appendix, which is appreciated, but this information is not
discussed in the narrative. Since this is the approved assessment method it would be beneficial to
include this.
b. Table 4 indicates that Sassarixa Creek and TIC both have Functioning existing conditions (similar
to T3R2) but they're proposed as enhancement reaches. It's clear that there is livestock access and
lack of riparian understory; however, given that only supplemental planting and fencing will occur
(and only one-sided fencing on the main stem), the ratio for this main reach would be more
appropriate at 4:1 unless there is justification for the proposed 2.5:1.
3. The proposed ford crossing on Sassarixa Creek has the potential for future maintenance issues, especially
since it is located in a braded system. Please address any anticipated maintenance.
4. T2, T 1 D, and T4 appear to have inconsistent information regarding jurisdiction. T 1 D is not on the PJD or
Stream Call form. The jurisdictional limits of T2 appear to be much shorter than proposed, especially
given the fact that the pond was constructed in an upland. T4 has areas that flow subsurface. Please verify.
5. Page 9—The discussion states "There is no opportunity to improve hydrologic function on the rest of the
site." On the contrary, the removal of the pond that separates T5A-B-C with T5 would allow for a natural
flow regime. Additionally, aquatic passage is restricted here. Are cattle excluded from this pond?
6. Planting Plan, Design Sheet 3.2—does not depict reach TID.
7. Section 9.2—Please add a vigor standard of 7 feet for year 5.
Digitally signed by
BROWN ING.KIMBERLY. BROWNING.KIMBERLY.DANIELLE.15
DANIELLE.1527683510 27683510
Date: 2019.09.13 14:23:31 -04'00'
Kim Browning
Mitigation Project Manager
Regulatory Division

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
October 1, 2019
Re: NCIRT Review and USACE Approval of the NCDMS Sassarixa Swamp Mitigation Site / Johnston
County / SAW -2018-00432; NCDMS Project # 100040
Mr. Tim Baumgartner
North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Mr. Baumgartner:
The purpose of this letter is to provide the North Carolina Division of Mitigation Services
(NCDMS) with all comments generated by the North Carolina Interagency Review Team (NCIRT) during
the 30 -day comment period for the Sassarixa Swamp Draft Mitigation Plan, which closed on August 31,
2019. These comments are attached for your review.
Based on our review of these comments, we have determined that no major concerns have been
identified with the Draft Mitigation Plan, which is considered approved with this correspondence.
However, several minor issues were identified, as described in the attached comment memo, which must
be addressed in the Final Mitigation Plan.
The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN)
Application for Nationwide permit approval of the project along with a copy of this letter. Issues identified
above must be addressed in the Final Mitigation Plan. All changes made to the Final Mitigation Plan
should be summarized in an errata sheet included at the beginning of the document. If it is determined
that the project does not require a Department of the Army permit, you must still provide a copy of the
Final Mitigation Plan, along with a copy of this letter, to the appropriate USACE field office at least 30
days in advance of beginning construction of the project. Please note that this approval does not preclude
the inclusion of permit conditions in the permit authorization for the project, particularly if issues
mentioned above are not satisfactorily addressed. Additionally, this letter provides initial approval for the
Mitigation Plan, but this does not guarantee that the project will generate the requested amount of
mitigation credit. As you are aware, unforeseen issues may arise during construction or monitoring of the
project that may require maintenance or reconstruction that may lead to reduced credit.

Thank you for your prompt attention to this matter, and if you have any questions regarding this
letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at
919-554-4884, ext 60.
Sincerely,
BROWN INGAMBERLY Digitally signed by
DANIELLE.152768351 BROWNING.KIMBERLY.DANIELLE.
1527683510
0 Date: 2019.10.01 14:27:19-04'00'
Kim Browning
Mitigation Project Manager
for Tyler Crumbley
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
Jeff Schaffer, Jeremiah Dow– NCDMS
Shawn Wilkerson, Angela Allen—WEI