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20190661 Ver 1_BPDP for PN_20200414ID#* 20190661 Version* 1 Select Reviewer:* Katie Merritt Initial Review Completed Date 12/09/2019 Mitigation Project Submittal - 12/9/2019 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands W Buffer V Nutrient Offset Select all that apply) Project Contact Information Contact Name:* Andrea Eckardt Project Information ID#:* 20190661 Existing IDr Project Type: r DMS r Mitigation Bank Project Name: Sassarixa Swamp Phase II County: Johnston Document Information Email Address:* aeckardt@wildlandseng.com Version: 1 Existing Version Mitigation Document Type:* Mitigation Plans File Upload: Sassarixia Swamp BPDP Full Document 33.67MB 12.9.2019.pdf Rease upload only one RDFof the corrplete file that needs to be subrritted... Signature Print Name:* Andrea Eckardt Signature:* Bank Parcel Development Package Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel Neuse River Basin DWR ID # 2019-0661 December 2019 V WILDLANDS E N G I N E E R I N G PREPARED BY: Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 Phone: (919) 851-9986 Fax: (919) 851-9986 Bank Parcel Development Package Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel Neuse River Basin TABLE OF CONTENTS 1.0 Project Location and Description......................................................................................................3 1.1 Introduction..................................................................................................................................3 1.2 Parcel Location..............................................................................................................................3 2.0 Project Area - Existing Conditions.....................................................................................................4 2.1 Parcel Features..............................................................................................................................4 2.2 Historical Land Use........................................................................................................................5 2.3 Geology and Soils..........................................................................................................................5 2.4 Existing Vegetative Communities.................................................................................................6 2.5 Threatened and Endangered Species........................................................................................... 7 2.6 Cultural Resources........................................................................................................................8 2.7 Other Environmental Conditions.................................................................................................. 8 3.0 Site Protection Instrument................................................................................................................8 4.0 Proposed Riparian Restoration & Enhancement Plan...................................................................... 9 4.1 Parcel Preparation........................................................................................................................9 4.2 Riparian Restoration Activities......................................................................................................9 4.3 Riparian Area Enhancement Activities........................................................................................10 5.0 Monitoring and Maintenance Plan.................................................................................................10 5.1 Monitoring Protocol....................................................................................................................10 5.2 Parcel Maintenance....................................................................................................................11 5.3 Easement Boundaries and Fencing.............................................................................................11 5.3 Enhancement Plan......................................................................................................................11 6.0 Financial Assurance and Long -Term Management.........................................................................11 6.1 Financial Assurances...................................................................................................................11 6.2 Long-term Management.............................................................................................................12 7.0 Mitigation Potential........................................................................................................................12 8.0 References......................................................................................................................................15 FIGURES Figure 1 Service Area Map Figure 2 Vicinity Map Figure 3 Site Map Figure 4 Soils Map Figure 5 Buffer Mitigation Credit Determination Map Figure 6 Riparian Zone Map Figure 7 Monitoring Features Map Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201—BPDP 1 APPENDIX Site Viability for Buffer Mitigation and Nutrient Offset Letter — May 21, 2018 Site Viability for Buffer Mitigation and Nutrient Offset Letter — April 3, 2019 On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules and Water Quality Standards — April 4, 2018 On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules and Water Quality Standards — October 28, 2019 Notification of Jurisdictional Determination Sassarixa Technical Memo — DWR Response — August 19, 2019 NCDMS Sassarixa Swamp Plan Sheets 1.54 - 1.55 T5C NCDMS Sassarixa Swamp Plan Sheets 3.0 Planting Tables Historical Aerial Photographs Overview Photos EDR Summary Report State Historic Preservation Office (SHPO) — February 28, 2017 Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201—BPDP Bank Parcel Development Package Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel Neuse River Basin The Sassarixa Swamp II Buffer Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Banking Instrument (MBI), made and entered into by Wildlands Holdings 111, LLC, acting as Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ) Division of Water Resources (NCDWR). The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B .0240, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295 which became effective on November 1, 2015. The development of the Parcel is in conjunction with the NC Division of Mitigation Services (NCDMS) Sassarixa Swamp Stream and Riparian Buffer Mitigation Site (DWR Project No. 2018- 00432). The project includes restoring the riparian areas along ten tributaries in Johnston County, NC. The primary purpose of the Bank is to provide riparian buffer mitigation credits and potential nutrient offset credits to compensate for unavoidable buffer impacts in the 03020201 Hydrologic Unit Code (HUC) of the Neuse River Basin, excluding Falls Lake Watershed. Parcel service area is depicted in Figure 1. 1.0 Project Location and Description 1.1 Introduction This Parcel is being proposed to provide nutrient offset and buffer mitigation through the creation of a Buffer and Nutrient Offset Bank. The Parcel involves restoring riparian areas adjacent to the NCDMS Sassarixa Swamp Stream and Riparian Buffer Mitigation Project (OMS #100040) provided by Wildlands Engineering, Inc. As part of the Parcel, approximately 26. 71 acres will be protected with a permanent conservation easement along four tributaries to Sassarixa Creek (Tl, TlA, TlB, and T3) and six tributaries to Black Creek (T4, TS, TSA, TSB, TSC and T6). The NCDMS project includes a proposed conservation easement that extends 50 feet from the top of bank of the mitigated streams. The Parcel's proposed conservation easement area extends beyond the OMS easement, for a maximum of 200 feet from the top of bank of the mitigated streams. Of the 26.71 acres being protected by the conservation easement, approximately 6.06 acres are deemed suitable to generate either riparian buffer mitigation or nutrient offset . An additional 2.4 acres are suitable for riparian buffer credit only via enhancement and 2.94 acres via restored coastal headwaters and 14.292 acres are suitable for nutrient offset credit only. In general, riparian buffer credits for the Sassarixa Swamp II Mitigation Bank Parcel will extend from 50 feet to 100 feet from the top of bank of eligible features and from 101 feet to 200 feet from the top of bank for nutrient offset credits, unless otherwise noted in this report. 1.2 Parcel Location The Parcel is located approximately six miles southwest of Smithfield and five miles north of Four Oaks. The Parcel is located within the 14-digit HUC 03020201130030 and the NCDWR Sub-basin 03-04-04 of the Neuse River Basin (Figure 2). From Raleigh take 1-40 E. Take exit 319 for NC-210 toward Smithfield/Angier. Turn left onto NC-210 E (signs for Smithfield). Continue on NC-210 E for 2.4 miles and turn right onto Lassiter Roads. After 4.6 miles, turn left onto Black Creek Road. Continue on Black Creek Road for 0. 7 miles and then turn right Sassarixa Swamp 11 Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201-BPDP 3 onto Old Olive Road. The first parcel is 0.1 mile on the right of Old Olive Road. The other parcels are at various locations further down Old Olive Road. Project Area - Existing Conditions 2.1 Parcel Features The project includes restoring the riparian areas along four unnamed tributaries to Sassarixa Swamp, along with six unnamed tributaries to Black Creek as shown on Figure 3 and listed in Table 1. The Parcel will be adjacent to the NCDMS Sassarixa Swamp Stream and Riparian Buffer Mitigation Full Delivery Project. The Parcel is located in the new Targeted Local Watershed (TLW) that is not described in the 2010 Neuse River Basin Restoration Priorities (RBRP) Plan. The TLW was added in the 2015 Neuse 01 CU Update because there were more water quality issues than assets in the TLW. Stressors for this TLW include impervious surfaces, disturbed riparian buffers, and agricultural land use/animal operations. The Site addresses the TLW stressors of agricultural land use/animal operations, as it is an active cattle farm, and the lack of protected riparian buffers. The project will also address key Cataloging Unit (CU) wide restoration goals for the Neuse River 03020201 described in the RBRP including reduction of sediment and nutrient loads from agricultural lands and increasing or improving riparian buffers (NC DWR 2009). The project streams drain directly into Holts lake, which is a recreational lake classified as a Nutrient Sensitive Water (NSW), which drains to the Neuse River, which is a water supply for the City of Goldsboro. Table 1. Project Features Descriptions —Sassarixa Swamp II Bank Parcel Development Package Feature Name Stream Type Buffer Credit Viable Nutrient Offset Viable* T1 Intermittent Yes Yes T1A Intermittent Yes Yes T113 Intermittent Yes Yes T3 Ditch No Yes T3 Ephemeral Yes Yes T3 Intermittent Yes No T4 Intermittent Yes Yes T5 Intermittent Yes Yes T5A Intermittent Yes No T513 Intermittent Yes No T5C Headwater Wetlands Yes No T6 Intermittent Yes Yes Nutrient Offset is viable in non forested areas only On April 26, 2018, Ms. Katie Merritt, with DWR, conducted on -site determinations to review features and land use within the project boundary for the NCDMS Sassarixa Swamp Stream Mitigation Project. In March 2019 Ms. Sam Dailey, with USACE, determined two additional features, T1B and TIC, within the project boundary as intermittent channels, resulting in an additional site -viability letter on April 3, 2019 from Ms. Katie Merritt. The resulting DWR site viability letters and maps confirming the Site as suitable for riparian buffer mitigation and nutrient offset credit is enclosed in the Appendix. In addition to riparian restoration on subject streams, per the Consolidated Buffer Mitigation Rules (15A NCAC 02B 0.0295 (o)), alternative mitigation is proposed on the Site in the form of: riparian restoration Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201—BPDP 4 on ephemeral channels and coastal headwater streams. The proposed project is in compliance with these rules in the following ways: Buffer Restoration on Ephemeral Channels (15A NCAC 02B 0.0295(o)(7)): NCDWR performed an evaluation of the Site and identified the perennial, intermittent, and ephemeral channels on the property (Figure 2). The mitigation area on the Site's ephemeral channels is located completely within their drainage areas (Figure 4). The ephemeral channels are directly connected to intermittent or perennial stream channels and will be protected under the same contiguous easement boundary (Figure 2). The mitigation area on the ephemeral channels is less than 25% of the total buffer mitigation area on the Site (Table 3). Buffer Restoration on Coastal Headwater Streams 15A NCAC 02B .0295 (o)(2): The Site meets all applicable requirements of 15A NCAC 02B .0295 (n). All success criteria specified in the approval of the stream mitigation site by the Division shall be met (Appendix). Area of the buffer shall be measured perpendicular to the length of the valley being restored Figure 5). The area within the proposed buffer mitigation site shall not also be used as wetland mitigation. Along with buffer restoration, Sassarixa Swamp II Bank Parcel will also include nutrient offset to the Neuse River Basin per the 15A NCAC 02B .0240 Nutrient Offset Payments. Photos showing current site conditions (as of January 2019) of the Parcel are provided in the Appendix. 2.2 Historical Land Use Historic USDA aerial photographs from 1950 to 2012, located in the appendix, showed that there has been little change in the location and extents of forested and agricultural areas between 1950 and 2012. The only major change was the installation of a farm pond in the agricultural field along T2 between 1973 and 1993 and the addition of the large pond below T5A, T5B, and T5C between 1950 and 1961. 2.3 Geology and Soils The Site is located in the Rolling Coastal Plain of the Coastal Plain physiographic province. The Coastal Plain is characterized by relatively flat terraces of primarily unconsolidated sediments and carbonate rocks ranging in age from Cretaceous to Quarternary. These layered materials accumulated as sediments deposited in what was once a shallow ocean or shelf interface along a shallow ocean. The deposits form roughly parallel belts that trend southwest to northeast. The site is located in the belt called the Middendorf Formation (km), which formed during the Cretaceous period. The Middendorf formation is deeply weathered and consists mainly of layered delta plain to fluvial deposit. Sediments are layered in think black clay and light-colored sand layers consisting of sand, sandstone, and mudstone. Sands are primarily quartz; however, outcrops of feldspar may be up to 15 percent. Due to the weathered condition of the soils and base geology, no exposed bedrock is located on site. The predominant floodplain soils on site described in Table 2 and Figure 4 are based on the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Soil Survey for Johnston County (USDA, 1994). Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel VAW HUC 03020201—BPDP Table 2. Project Soil Types and Descriptions — Sassarixa Swamp II Bank Parcel Development Package Soil Name Location Description Gilead sandy Found on the These soils are moderately well drained with a surface layer of pale loam middle portion of brown sandy loam 5 inches thick. The upper 4 inches of subsoil is a the easement strong brown sand clay loam. The next 6 inches is yellowish brown slopes) - sandy clay loam. The next 5 inches is yellowish brown clay loam that eBGeB has gray and red mottles. Found on the These moderately well drained soils can be found on side slopes in the Gilead sandy middle portion of uplands on Coastal Plains. The surface layer is pale brown sandy loam 5 loam the easement inches thick. The upper 4 inches of the subsoils are strong brown sandy 8-15% slopes)- clay loam. The next 6 inches are yellowish brown sandy clay loam. The GeD next 5 inches are yellowish brown clay loam that has gray and red mottles. Cowarts sandy Found on the west This series consists of well -drained soil in the uplands on the Coastal loam portion of Plain. The surface layer is yellowish brown loamy sandy 6 inches thick. 2-6% slopes) - easement The upper 10 inches of subsoils is yellowish brown sandy clay loam. The CoB next 12 inches is yellowish brown sandy clay loam that has brown and red mottles. Nason silt loam Found on the This series consists of well -drained soil on uplands. The surface layer is 15-25% slopes) - middle left portion grayish -brown silt loam 2 inches thick. The subsoil is 30 inches of NnE of easement yellowish -brown silty clay and silty clay loam. Norfolk loamy A small section These soils are well drained on slightly rounded ridges and side sloped sand found on the in the uplands on the Coastal Plain. The surface layer is dark brown 2-6% slopes) - middle bottom loamy sand 11 inches thick. The subsurface layer is light yellowish- NoB easement brown loamy sand 5 inches thick. The subsoil is more than 44 inches of yellowish -brown sandy clay loam. Uchee loamy Found on the This series consists of well -drained soil on rides and side slopes. The sand middle left of the surface layer is grayish brown loamy coarse sand 10 inches thick. The easement subsurface layer is light yellowish brown loamy coarse sand 20 inches slopes) - thick. The upper 11 inches of the subsoil is yellowish brown sandy clay UcBcB loam that has red and yellow mottles. Bibb sandy loam Found on the east This is a poorly drained soil on floodplains. The surface layer is very and west dark grayish brown sandy loam 5 inches thick, with underlying material 0-2%slopes) - easements to a depth of more than 60 inches that is stratifies light gray sand or Bn loamy sand and grayish brown sandy loam. Found on the This nearly level, poorly drained soil is on floodplains, generally Wehadkee loam middle bottom along streams. The surface layer is dark brown loam 7 inches 0-2% slopes)- easement thick. The upper 11 inches of the subsoil is light brownish gray Wt loam that has brown mottles. The lower 31 inches is gray clay loam that has brown mottles. 2.4 Existing Vegetative Communities Three sections on site lack a riparian buffer: the upstream end of T1, the upstream end of T2, and the upstream end of T3. The riparian buffer in these areas consist primarily of fescue (Festuca sp.) and some areas of hay production to feed livestock. The canopy on T1 is unique in that it is dominated by loblolly pine (Pinus taeda) with an understory of Japanese stiltgrass (Microstegium vimeneum). All other riparian areas include a mix of canopy species including red maple (Acer rubrum), sweetgum (Liquidambar Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201—BPDP straciflua), willow oak (Quercus phellos), tulip poplar (Liriodendron tulipifera), ironwood (Carpinus caroliniana), sycamore (Platanus occidentalis), water oak (Quercus nigra), and black willow (Salix nigra). While the understory of all reaches is dominated by Japanese stiltgrass, there is still a diverse mix of understory species present, especially along Sassarixa Creek and downstream end of T4. Understory species include Christmas fern (Polystichum acrostichoides), dogfennel (Eupatorium caplilifolium), greenbrier (Smilax sp.), Virginia creeper (Parthenocissus quinuefolia), sawtooth blackberry (Rubus argutus), common ragweed (Ambrosia artemisifolia), poison ivy (Toxicodendron radicans), common rush Juncus effesus), and common sedge (Carex sp.). Invasive species located in the riparian buffers include Chinese privet (Ligustrum sinense) and Japanese honeysuckle (Lonicera japonica). 2.5 Threatened and Endangered Species The US Fish and Wildlife Service (USFWS) and the NC Natural Heritage Program (NHP) databases were searched for federally listed threatened and endangered plant and animal species in Johnston County, NC. Five species were identified as threatened or endangered currently listed in Johnston County (Table 3). Table 3. Listed Threatened and Endangered Species in Johnston County, NC —Sassarixa Swamp II Bank Parcel Development Package Species Federal Status HabitatCommonScientific Name Name Red - Picoides Found in mature pine forests, these birds bore cavities inside ofcockadedEndangered borealis living pine trees woodpecker Inhabit a wide range of stream sizes and types from small Dwarf wedge AlasmiddIo Endangered streams to large rivers. Known to live in substrates includingmusselheterodon clay, sand, gravel, pebble, and some silt depositional areas Tar River Parvaspina Live mostly in silt -free unconsolidated beds of coarse sand andEndangered spinymussel steinstansana gravel. Prefer faster flowing, well oxygenated streams. Lives in coarse to medium clean sand, and sometimes gravel. Elliptio Usually found in the downstream portion of sand and gravelYellowlanceThreatened lanceolate bars. Requires clean, well oxygenated water with moderate flows. Found in small to medium streams. Michaux's Rhus Endangered Woodland edges, woodland, sandhills and sandy forest. sumac michauxii The project does not include any work in the stream or within 50 feet of the stream; therefore, will have no effect" on the yellow lance, dwarf wedge mussel, and tar river spinymussel. A pedestrian survey was conducted on April 10, 2018 indicated that the Parcel did not provide suitable habitat for the red - cockaded woodpecker but did provide suitable habitat for the Michaux's sumac. However, Michaux's sumac was not found on site. Therefore, due to the absence of Michaux's sumac, the project has been determined by Wildlands to have "no effect". The USFWS was contacted on February 5, 2018 in respect to the Sassarixa Swamp Stream Mitigation Site and its potential impacts on threatened or endangered species. USFWS responded on March 2, 2018 and stated the "proposed action is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat or species currently proposed for listing under the Act". Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201—BPDP 2.6 Cultural Resources Review and comment from the State Historic Preservation Office (SHPO) with respect to any archeological and architectural resources related to the Parcel was requested on February 2, 2018 as part of the Sassarixa Swamp Stream Mitigation Site. SHPO responded on February 28, 2018 and determined they were not aware of any historic resources which would be affected by the project. All correspondence is included in the Appendix. 2.7 Other Environmental Conditions An EDR Radius Map Report with Geocheck was ordered for the Parcel on January 29, 2018 through Environmental Data Resources, Inc. Neither the target property nor the adjacent properties were listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There were no known or potentially hazardous waste sites identified within or immediately adjacent to the project area. The Executive Summary of the EDR report is included in the Appendix. Site Protection Instrument The NCDMS Sassarixa Swamp Mitigation Site easement encompasses top of bank out to 51-100 feet. Activities within this easement include planting of the riparian buffer with trees from the top of bank to the edge of the DMS easement. Where trees already exist, the forests will be protected under the easement. This planting will extend to the boundary of the Bank Parcel. The Sassarixa Swamp II Bank Parcel extends beyond the NCDMS easement boundary to 200' from top of bank, with no overlapping easements. Mitigation activities on the Parcel, described in Sections 4.1 through 4.3, will be performed concurrently with the NCDMS Sassarixa Swamp Mitigation Site, including recording of conservation easements, construction, fencing, and planting. There will be no breaks in planting between the two projects. The land required for buffer planting, management, and stewardship of the mitigation projects includes portions of the parcels listed in Table 4. The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved NCDWR conservation easement. Table 4. Site Protection Instrument — Sassarixa Swamp II Bank Parcel Development Package Sassarixa Deed NCDMS Site Swamp IIgookandSassarixa Landowner PIN County Protection Bank Parcel Page Swamp Acreage Instrument Acreage to Number to be Protected be Protected Hunter E. Olive 166200-58-6572 Conservation DB: 3624 Johnston 25.94 12.43 Janie E. Olive 166200-59-2333 Easement PG: 581 Junes Jones Olive 166200-88-5084 Conservation DB: 3719 Johnston 14.56 3.12 Revocable Trust 166200-85-0452 Easement PG: 717 Junes Jones Olive 166200-57-0481 Conservation DB: 3719 Revocable Trust Johnston 35.81 2.58 167200-17-2303 Easement PG: 717 Hunter E. Oliver Mary Hunter Olive - Waller Conservation DB:4358 166200-49-5125 Johnston 1.52 N/A Todd Franklin Waller Easement PG: 908 Amanda J. Olive Tami Olive Thompson David Thompson Conservation DB: 3719 166200-66-6896 Johnston 5.46 2.65 Junes Jones Olive Easement PG: 717 Revocable Trust Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201—BPDP Sassarixa Deed NCDMS Site Swamp IIgookandSassarixa Landowner PIN County Protection Bank Parcel Page Swamp AcreageInstrument Acreage to Number to be Protected be Protected Conservation DB: 4606 Matthew T. Keen 167200-06-5717 Johnston 2.04 3.21 Easement PG:183 Conservation DB: 3719 Tami Olive Thompson 166200-79-8148 Johnston 4.71 2.67 Easement PG:717 Proposed Riparian Restoration & Enhancement Plan Developing the Parcel for mitigation will require converting existing agriculture land use practices adjacent to mitigated streams into riparian forest. The riparian areas will involve replanting appropriate native tree species along the project corridors. Vegetation management and herbicide applications may be needed during the first year of tree establishment in the restoration areas to control establishment of invasive species that could out compete the planted native species. All riparian restoration activities will commence in concurrence with the Sassarixa Swamp Stream Mitigation Site activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the implementation of the Sassarixa Swamp Stream Mitigation Plan. More detailed descriptions of the proposed restoration and enhancement activities follow in Sections 4.1-4.3. 4.1 Parcel Preparation Both the Parcel and the DMS Sassarixa Swamp Mitigation Site will require site preparation which may include select herbicide treatments, limited mechanical clearing to remove undesirable underbrush or invasive species, and reduction in soil compaction and pasture grass competition. 4.2 Riparian Restoration Activities The revegetation plan for the entire buffer restoration area will include permanent seeding, planting bare root trees, live stakes, and herbaceous plugs and controlling invasive species growth. The specific species composition to be planted was selected based on the community type, observation of occurrence of species in riparian buffers adjacent to the Parcel, and best professional judgement on species establishment and anticipated site conditions in the early years following project implementation. Species chosen for the planting plan are listed in Table 5 below. Table 5. Selected Tree Species — Sassarixa Swamp II Bank Parcel Development Package Species Common Name Max Spacing Min. Caliper Size of Bareroots Indiv. Spacing of Stems Quercus nigra Water Oak 12 ft 0.25"-1.0" 6-12 ft 1442 Populus deltoides Eastern Cottonwood 12 ft 0.25"-1.0" 6-12 ft 1442 Quercus phellos Willow Oak 12 ft 0.25"-1.0" 6-12 ft 2162 Platanus occidentalis Sycamore 12 ft 0.25"-1.0" 6-12 ft 2883 Betula nigra River Birch 12 ft 0.25"-1.0" 6-12 ft 2883 Quercus michauxii Swamp Chestnut Oak 12 ft 0.25"-1.0" 6-12 ft 2162 Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201—BPDP Species Common Name Max Min. Caliper Size lndiv. #of Spacing of Bareroots Spacing Stems Magnolia virginiana Sweetbay Magnolia 12 ft 0.25"-1.0" 6-12 ft 1442 Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. No one tree species will be greater than 50% of the established stems. An appropriate seed mix will also be applied to provide temporary and permanent ground cover for soil stabilization and reduction of sediment loss during rain events in areas without existing herbaceous cover. The proposed seed mix will be the same mix used in the NCDMS Sassarixa Swamp riparian activities which is shown in the Appendix. Planting is scheduled for Winter 2020-Spring 2021 and will be in conjunction with the NCDMS Sassarixa Swamp Mitigation Site planting. 4.3 Riparian Area Enhancement Activities Cattle will be excluded in the buffer enhancement areas as followed by 15A NCAC 02B .0295(0). The enhancement area will be protected in perpetuity under a conservation easement. The proposed fencing boundary is shown on Figure 5. 5.0 Monitoring and Mainte nance Plan 5.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration and/or nutrient offset, and coastal headwater buffer restoration areas to measure the survival of the planted trees. The plots will be randomly placed throughout the planted riparian areas. A total of 19 plots will be established within the riparian buffer restoration and enhancement credit generation areas (Figure 7). The size of individual quadrants will be 100 square meters for woody tree species. Vegetation assessments will be conducted following the Carolina Vegetation Survey (CVS) Level 2 Protocol for Recording Vegetation (2008). A reference photo will be taken from the southwestern corner of each of the 19 plots. Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. Planting is scheduled for winter 2020. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed and no earlier than the fall season. Species composition, height, vigor, and survival rates will be evaluated on an annual basis by plot. The total number of volunteer woody stems will also be documented and reported. Appropriate and desirable native volunteer species may be included to meet the performance standards with DWR approval. The measures of vegetative success for the Parcel will be the survival of at least 4 native hardwood tree species, where no one species is greater than 50% of the established stems, at a density of at least 260 planted trees per acre at the end of Year five for buffer restoration and/or nutrient offset. For coastal headwater buffer restoration areas under Rule 15A NCAC 02B .0295 (o)(2) the vegetative success criteria is the survival of 260 planted stems per acre at the end of Year five and 210 planted stems per acre at the end of Year seven. Success for coastal headwaters vegetation is also tied to the success of the coastal headwater on site, T5C. As state in the NCDMS Sassarixa Swamp Mitigation Plan, visual monitoring will take place for seven years to insure T5C stays a coastal headwater and will be reported in the annual Monitoring Reports for both the NCDMS Mitigation Site and the Parcel. The Sponsor shall submit the annual monitoring report to NCDWR by December 3l51 of each year for seven consecutive years and will follow the terms and conditions of the MBI. Sassarixa Swamp 11 Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201-BPDP 10 5.2 Parcel Maintenance In the event that the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section 5.1, adaptive measures will be developed, or appropriate remedial actions will be implemented. Site maintenance will be performed to correct any identified problems on the Parcel that have a high likelihood of affecting project success. Such items include, but are not limited to, fire, flooding, drought, or insects that cause excess tree mortality. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. Any parcel maintenance performed will be included in the monitoring report for that year. A rigorous herbicide schedule may need to be implemented in the first few years of tree establishment in the restoration areas to prevent establishment of invasive species that may out -compete the planted native vegetation. The only herbicides used on the Parcel will be aquatic approved herbicides that will be applied in accordance with North Carolina Department of Agriculture rules and regulations. The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to NCDWR. 5.3 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by fence, marker, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers will be installed prior to As - Built report submittal to NCDWR. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Contact information for the conservation easement holder will be included on easement markers. 5.3 Enhancement Plan To ensure compliance with 0295 (0) (6): A visual assessment of the cattle exclusion areas within the conservation easement will also be performed each year to confirm: No cattle access within the conservation easement area; no encroachment has occurred; diffuse flow is being maintained in the conservation easement area; and there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. Any issues identified during the visual assessment of the cattle exclusion areas will be photographed and mapped as part of the annual monitoring report with remedial efforts proposed or documented. 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances Following approval of the Sassarixa Swamp II Bank Parcel Development Package, the Sponsor shall provide a Performance Bond from a surety that is rated no less than an "A-" as rated by A.M. Best. The Performance Bond amount shall be 100% of the estimated cost for implementation of the project as described in the BPDP, but not less than $150,000.00. In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. In that case no performance bond will be necessary. After completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel VAW HUC 03020201—BPDP 11 period for a term of one year, to be extended annually for a minimum of five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. Performance bonds for monitoring shall be renewed at least annually to cover the next years monitoring period, with confirmation of renewal provided to NCDWR with each annual monitoring report when applicable. NCDWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6.2 Long-term Management Prior to the end of the fourth year monitoring period, the Sponsor shall choose a long term steward. The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved NCDWR conservation easement as noted in the Sassarixa Swamp II Mitigation Banking Instrument. The long-term manager will be responsible for periodic inspection of the Parcel to ensure that the restrictions documented in the recorded easement are upheld in perpetuity. Mitigation Potential Approximately 26.71 acres will be protected with a permanent conservation easement. Out of the 26.71 acres (1,163,381 square feet), a total of 6.06 acres (263,602 square feet) of riparian areas will be restored that are viable for either Neuse riparian buffer credit or nutrient offset credit (Figure 5). Areas only viable for Neuse riparian buffer credit are 2.95 acres (128,683 square feet) of restored coastal headwater riparian areas and 2.40 acres (104,648 square feet) enhanced riparian areas. An additional 14.29 acres (622,565 square feet) will be restored for nutrient offset credit only. Mitigation activities per drainage feature are outlined in Table 5. These acreages were calculated prior to applying any reductions in riparian buffer credits for areas between 101 feet and 200 feet from top of bank, per 15A NCAC 02B.0295(n) or the 2:1 credit ratio on the enhancement of rural streams respectively, per 15A NCAC 02B .0295(m). After applying the percent (%) reduction in credits and credit ratios, the Sassarixa Swamp II Bank Parcel includes 22.54 creditable acres. From those 22.54 acres the Sponsor is requesting 8.25 acres be used to generate riparian buffer credit for a total of 325,802 ft' and 14.29 acres (32,486.274 lbs.-Nitrogen) to be used to generate credit releases for nutrient offset credits, which is summarized in Tables 6a and 6b. The Sponsor will maintain four credit ledgers. The first credit ledger will account for riparian buffer credits that are not transferable to Nutrient Offset, the second for Riparian Buffer Credits that are transferable to Nutrient Offset, the third accounts for Nitrogen nutrient offsets that are not transferable to Riparian Buffer Credits, and the fourth is to account for Nitrogen nutrient offsets that are transferable to Riparian Buffer Credits. The Sponsor must request and receive approval from NCDWR prior to any credit conversions and transfers to the credit ledgers. With each conversion and transfer request submitted to the NCDWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel VAW HUC 03020201—BPDP 12 Table 6a: Potential Riparian Buffer Credit and Nutrient Offset Generation per Feature — Sassarixa Swamp II Bank Parcel Development Package Min- Initial Max Total Riparian Convertible Nutrient Credit Feature Mitigation Feature Credit Full Subject? Buffer Area Creditable Buffer to Nutrient Offset: N Type Type Activity Name Ratio Credit Width sf) Area (sf) Credits Offset? Ibs) x: 1) ft) T1, T1A, T113, Buffer Yes I / P Restoration 0-100 T3, T4, T5, 233,268 233,268 1 100% 233,268.00 Yes 12,172.24 TSA, TSB, T6 T1, T1A, T1B, Nutrient Yes I / P Restoration 101-200 T3, T4, T5, 484,416 484,416 1 L59,857.2f Yes 25,277.47 Offset TSA, TSB, T6 Coastal Buffer Yes Restoration 0-100 T5C 29,455 29,455 1 100% 29,455.00 No Headwater Coastal Buffer Yes Restoration 101-200 T5C 99,228 99,228 1 33% 32,745.24 No Headwater Buffer No Ephemeral Restoration 0-100 T3 30,334 30,334 1 100% 30,334.00 No Enhancement Buffer Yes I / P via Cattle 0-100 T1A, T1, T3, 48, 212 48,212 2 100% 24,106.00 No TSB, T6 Exclusion Enhancement Buffer Yes I / P via Cattle 101-200 T1A, T1, T3 56,436 56,436 2 33% 9,311.28 No Exclusion Nutrient Offset No Ditch Restoration 0-100 Ditch 74,370 74, 370 1 Y'' - -- Yes 3,880.73 Nutrient No Ditch Restoration 101-200 Ditch 63,779 63,779 1 21,047.07 Yes 3,328.07 Offset Creditable Area Subtotal (sf): 1,119,498 Creditable Area Subtotal minus Nutrient Offset Area (sf): 496,933 Ephemeral Reaches as % Total Area of Buffer Mitigation: 2.7% Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201—BPDP 13 Task 1 2 3 4 5 6 7 8 9 10 11 Table 6b: Requested Riparian Buffer Credit and Nutrient Offset Credit Summary-Sassarixa Swamp II Bank Parcel Development Package TOTAL RIPARIAN BUFFER MITIGATION CREDITS Mitigation Totals Square Feet Credits Restoration: 392,285 325,802 Enhancement: 104,648 33,417 Total Riparian Buffer: 496,933 359,220 TOTAL NUTRIENT OFFSET MITIGATION CREDITS Mitigation Totals Square Feet Credits Nutrient Nitrogen: 622,565 32,486.274 Offset: Upon submittal of the appropriate documentation by the Sponsor, and subsequent approval by DWR, the mitigation credits associated with Sassarixa Swamp II Parcel will be released as described in Table 7 below. Table 7 - Credit Release Schedule -Sassarixa Swamp II Bank Parcel Development Package % Credit % Riparian Buffer Credit Project Milestone Available Release within Coastal for Sale Headwaters Areas Instrument and BPDP Approved by DWR, Conservation Easement Recorded, 20 None Financial Assurance Posted, and Draft Stream Mitigation Plan Approved by IRT Mitigation Site Earthwork, Planting and Installation of Monitoring Devices 20 None Completed, and all Applicable Permits Obtained Monitoring Financial Assurance Posted and Approval of As-Built Report 10 25 Monitoring Report #1: Approved by the DWR * & financial assurance renewed 10 10 Monitoring Report #2: Approved by the DWR * & financial assurance renewed 10 10 Monitoring Report #3: Approved by the DWR * & financial assurance renewed 10 5 Item B(l) of Section X in this Instrument has been completed and approved by 5 5 DWR No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship Monitoring Report #4: Approved by the DWR * & financial assurance renewed 5 5 10 20 Monitoring Report #5: Approved by the DWR* & financial assurance renewed for coastal headwater buffer areas, and final site visit by DWR has been conducted for buffer mitigation & nutrient offset areas excluding coastal HW Monitoring Report #6: Approved by the DWR* & financial assurance renewed N/A 10 for coastal headwater buffer areas Monitoring Report #7: Approved by the DWR* & final site visit by DWR has N/A 10 been conducted for coastal headwater buffer areas Total 100% 100% *DWR Approval provided upon a determination that the site is meeting success criteria contained within the approved Plan and corresponding Stream Mitigation Plan where applicable Sassarixa Swamp 11 Nutrient Offset and Buffer Mitigation Bank Parcel HUC 03020201-BPDP 14 References North Carolina Division of Mitigation Services (DMS), 2016. River Basin Restoration Priority Transition Approach. North Carolina Geological Survey (NCGS), 2009. Mineral Resources. http://www.geology.enr.state.nc.us/Mineral%20resources/mineraIresources.htmI Rob Breeding, Eastern Watershed Planner, North Carolina Ecosystem Enhancement Program (NCEEP), 2010. Neuse River Basin Restoration Priorities. USDA, Soil Conservation Service, 1994. Soil Survey of Johnston County. Sassarixa Swamp II Nutrient Offset and Buffer Mitigation Bank Parcel VAW HUC 03020201—BPDP 15 FIGURES Rox6ary Ff[ I I I J r 1 Creedrnoor j I 1-11 1 1 1 Ih en --- I 1101 Falls lakeJBlur-^. n Rd r' fe 1 1, 1' i c:rr. Raleigh Jordan r11, I. Lake HUC i 1+ 1+ I1 I1; I I I r Lv' St. f•.: r` r r L ..I. I 1 1 Ir1 J 1 F r::rl_ f•,I-•:r --,. 2}6R Il.v.Ir.lN LYl 1 R el 03020201 w r1n Harris Lake f Sassarixa Swamp II Bank Parcel ilrl •r•1 // .. 4 S Creek t f w Entiin D unn I• I .I 1 l l y n ? I IIii11 I• WILDLANDS ENGINEERING 1 Ilia i 1, I•Ii11 I•I 1 . 1 1 Little River iver Figure 1. Service Area Map Sassarixa Swamp II Bank Parcel Bank Parcel Development Package 10 Miles Neuse River Basin 03020201 J Johnston County, NC rr Z q c Ofad pp1 @ranch Glee n a e5 Fa 60 it Ste Pre nso n d y n yx 4 n-4i°t6ee kq `rar5ch pwT - f 0. r ONWILDLANDS ENGlNEERIT- 40 b a 9ranoh aa8a g swamp rp Oki dr4b dL Lr i a Reedy Creek a- DifCaume s Pt, CrantaCk Rd NCDMS Sassarixa Swamp Mitigation Site Conservation Easement Sassarixa Swamp II Bank Parcel Conservation Easement Y - Sassarixa Swamp II Bank Parcel Location QQ 05 ^, cr II v lerallvn i d rr' Sw imp um Swamp Old S,'1i0Ui R•I 2 fir - - • i^r' A, r a ; C untry C Iold 0; 11 eb --al{a!u}bn1 C fflgiy ''r Y grQpxenrid O1ack Creek }Zylr Ho Is Lake - r25 F 1 i. J. t id Four Oaks BQYeUc r uniper S JmP rD5 Mrry f3h. fJ n Atee G 7r iattes5J'W Rd ah Creek try ' yqn h N Ny Q Q Webb Mill NJ fp ff LI r Figure 2. Vicinity Map Sassarixa Swamp II Bank Parcel 0 1 2 Miles Bank Parcel Development Package I I I Neuse River Basin 03020201 Johnston County, NC Figure 3. Site Map W I L D L A AT D S Sassarixa Swamp II Bank Parcel ENCslNEEFtIniC+ Bank Parcel Development Package 0 600 1,200 Feet Neuse River Basin 03020201 I ! I ! I Johnston County, NC NCDMS Sassarixa Swamp Migiation Site Conservation Easementr { 1 cpf, Sassarixa Swamp II Bank Parcel Conservation Easement ti Uc s r F R161 r' Whor COB A) L FjUC* ti, A3 . Mai rr I • II 1 _ 1 Gee W COG I 1 1 fY IL r F I cs 1COBti-° "df mar 1 rri-- Lb 1 R 1 , , 1 , rl , . +J 1 II , • y ir F ter) l 11 % II r% r 11 Coll oft 1 II r -Lr 1 1 * I Y F i Soil Survey of Johnston County, NC - 1994 Sheet No. 10 OAIWWILDLANDS ENGINEERING Figure 4. Soils Map Sassarixa Swamp II Bank Parcel Bank Parcel Development Package 0 600 1,200 Feet Neuse River Basin 03020201 I I I I I Johnston County, NC W WILDLANDS ENGINEERING 0 600 1,200 Feet NCDMS Sassarixa Swamp Mitigation Site Conservation Easement i Sassarixa Swamp II Bank Parcel Conservation Easement Project Mitigated Streams r Project Ditch T5C Valley Length - Coastal Headwater Stream Non -Project Streams tt = tt = Proposed Fence O Reach Breaks r t A teach 2 . r U. 1 U Buffer Restoration or Nutrient Offset (51'-100') t Buffer Restoration or Nutrient Offset (101'-200') iCoastal Headwater Buffer Restoration (51'-100') Coastal Headwater Buffer Restoration (101'-200') Cattle Exclusion (51'-100') Cattle Exclusion (101'-200') Nutrient Offset (TOB-200') INo Credit Figure S.Buffer Credit Determination Map Sassarixa Swamp II Bank Parcel Bank Parcel Development Package Neuse River Basin 03020201 Johnston County, NC Figure 6. Riparian Buffer Zones Map W,WILDLANDS Sassarixa Swamp II Bank Parcel ENGINEERING Bank Parcel Development Package 0 600 1,200 Feet Neuse River Basin 03020201 1 1 1 1 I Johnston County, NC r. s Project Parcels r. ---- NCDMS Sassarixa Swamp Mitigation Site Conservation Easement Sassarixa Swamp II Bank Parcel Conservation Easement Project Mitigated Streams r J rl - z Project Ditch ryry r u `, j \ a \ ;3 ` T5C Valley Length - Coastal Headwater Stream a n 1aEd r II , - = ' - - — i > Non -Project Streams i_ , g tt — tt — Fence Vegetation Plots Reach Breaks J ?? liiSSS El SiY' / / . ' _ W ter. :. • I M1 Lam. II '1. \ _ _ R 4 a _ _ _ - D1 0 41 Buffer Restoration or Nutrient Offset (51'-100') A Buffer Restoration or Nutrient Offset ( 101'-200') fill ?* Coastal Headwater Buffer Restoration (51 -100 ) Zc f Coastal Headwater Buffer Restoration (101'-200') j41; ' rt?:.. l•F L Cattle Exclusion (51'-100') Cattle Exclusion 101'-200' Black Creek f , _ - ( ) Nutrient Offset (TOB-200') No Credit Swamp Figure 7. Monitoring Features Map W I L D L A N D S Sassarixa Swamp II Bank Parcel E N G I N E E R I N Gs Bank Parcel Development Package 0 600 1,200 Feet Neuse River Basin 03020201 I I I I I Johnston County, NC APPENDIX Wa ter Resources ENVIRONMENTAL QUALITY ROY COOPER GoIcinor MICHAEL S. REGAN sccrc/m I LINDA CULPEPPER Liierim Direclor 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: jhuttonAwildlandseng 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 JOB) 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 areasCreditOffsetCredit Rule Feature (0-2001 Viable atViable 2,273 Ibs acre T1A Stream No Forested pasture Yes4 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 Raleigh, North Carolina 27699-1617 919 807 6300 Sassarixa Swamp Site Wildlands Engineering, Inc May 21, 2018 Feature Classification 15ubiect Riparian Land uses Buffer ZNutrient Mitigation Type Determination w/in riparian to Buffer adjacent to proposed areasCreditOffsetCredit Rule Feature (0-2001 Viable atViable 2,273 Ibs 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 (o)(7) Right Bank — a narrow areas only) fringe of forested Fields - Restoration Site per 15A NCAC 02B areas; fields are 0295 (o)(7) actively grazed by cattle. Must meet additional requirements under 0295 (o)(7) to be viable for buffer mitigation T3 (113) Stream Yes Forested, no cattle Yes3 No Preservation Site per 15A NCAC 02B .0295 present o)(5) T4 (R1) Stream Yes Partial canopy Yes^ Yes Buffer Mitigation — Enhancement Site per 15A forested pasture NCAC 02B .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 02B .0295 (o) (6) actively grazed by cattle Nutrient Offset — Enhancement Site per 15A NCAC 02B .0295 (n) (planting required) T4 (113) 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 (o)(5) forested with a crop field Fields - Restoration Site per 15A NCAC 02B 0295 (n) 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 adjacent to proposed areasCreditOffsetCredit Rule Feature (0-2001 Viable atViable 2,273 Ibs 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 (a) 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 (o)(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 026 .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 (o)(5) and 15A NCAC 0295 (o)(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(o)(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 (o)(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 3 I 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 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality April 3, 2019 Angela Allen DWR ID# 2018-0198 Wildlands Engineering, Inc. Johnston County 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 via electronic mail: aallen&a,wildlandseng.com } Re: Site Viability for Buffer Mitigation and Nutrient Offset & Buffer- Sassarixa Swamp (T1) 2-162 Olive Rd, Smithfield, NC Neuse 03020201 (not in Falls WS) Dear Ms. Allen, On February 20, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Wildlands Engineering, Inc (WEI) to evaluate the potential for riparian buffer mitigation and nutrient offset on two additional features on the subject site. Features labeled T1B and TIC on the attached map labeled "Figure 3a Site Map" were evaluated by Sam Dailey with the US Army Corps of Engineers in March 2019 and these features were determined to be at least intermittent channels. The Site is also being proposed as part of a full -delivery stream and riparian buffer mitigation project for the Division of Mitigation Services (RFP #16-007279). Ms- Merritt's evaluation of the features and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each 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. 00 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Q.ft 919.707.9000 Sassarixa (T113, TIC) Site Wildlands Engineering, Inc. April 3, 2019 Feature Classification Subject Riparian Land use, Buffer zNutrient Mitigation Type Determination to adjacent to Feature Offset w/in riparian areasonsiteCrgAit fp_2 0]0Bliffer Viable Viable at 2,273.02Rule lbs N per acre T 1 B Stream No Combination of forested and 4Yes Yes (non- Fields - Restoration Site per 15A non -forested pasture actively forested NCAC 02B .0295 (o)(3) grazed by cattle areas only) Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) TIC Stream No Forested pasture actively Yes Yes (ag Fields - Restoration Site per 15A grazed by cattle; ag fields at fields only) NCAC 02B .0295 (o)(3) the upstream portion Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) Subjectivity calls for the features were determined by DWR in correspondence dated March 2I, 2019 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 . Z NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 3The 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 (o)(5) and 15A NCAC 0295 (o)(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 I SA NCAC 02B .0295(o)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. Maps that are attached to this letter were prepared by WEI and initialed by Ms. Merritt on April 3, 2019. This letter should be provided in all stream and 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 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 April 3, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plans for this Site. Page 2 of 3 Sassarixa (T1B, T1Q Site Wildlands Engineering, Inc. April 3, 2019 Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, KAH/km Attachments: Figure 3a cc: File Copy (Katie Merritt) 4 oc-na"' ' Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 3 of 3 Figure 3a Site Map - Sheet 1 Sassarixa Swamp M3rgatlon Site Neuse River Basin (030202011 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 02B .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 27699-1617 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 919) 807-6371. 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 NOA NOA _ - Easement Boundary L 8 Uc B th Imp GOO eb, Uc8 Ge8 6 Cos GeV Cob t GdB was U Ge8 s .s fee Uc8 - UcC C-4 a t GeO4D1 Y i BnA rCie a 4. GeS r a t. r, I — -- 1994 NRCS Soils Map Sassarixa Swamp Mitigation Site W I L D L A N D S 0 400 800 1,600 Feet Neuse River Basin 03020201 I i i I i i i I E N G I N E E R I N G Johnston County, NC U 4 y0 v CO wOD O C C 3V 31L . -- nel Here LegeiChan' • -. •, •• •. , dt! 1G - Y ' F- 25' Internal i r a Ford crossing[,,;,' ; / ! i 'BB, r? py { a, Probably 7urisdict,.-_ . ,. _ O r r ` Feature I• -- - -_ r Appr 7 Q ( 'ti..s .fit r ' .... C _ s •:# 25' Intern Headwater fJ E CulvertCross ain e G,,, t,< Chance to Restoration r 1/ a`• 9 ISB' Existing Wetland Not For Credit t t A r as t y ''' . _ . R. 4 Measur ubsurf 25' Internal no t Culvert Crossing Bottom 00 LF i a Not For Credit l ' 25' Internal : L t Culvert Crossing S 25'Internal Culvert Crossing It WILDLANDS -SDI 0o V ENGINEERINGO 300 600 Feet I 1 I 1 I t Of Figur Sa<_ Z+ r '+4r -AIr: Legei 67 F ' % i 25' Internal- Ford Crossing -, . \ f 4 1. . ' , .. ..: + _ r•R_ .`y 1. '..• 1.5 . tom ' . IL y ° " V i CUIveK CI'Oiflny _ emal a a , Existing Wetland ° Not For Credit .-. Measur ° r f 25'Internal 1 t• ,; y: Culvert Crossing s. 1 Bottom I)0 LF Not For Credit a'... Culvert Crossing 136. r CWveKCrossing ;_-- Figur Sa! WILDLANDS a 0 F— 1eNcIraeerir -,c 0 300 600F--t I sire a 6kftrmi r J ' ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality October 28, 2019 DWQ Project #: 2018-0198v3 Johnston County Wildlands Engineering, Inc. Attn: Angela Allen 312 W. Millbrook Rd, Suite 225 Raleigh, NC 27509 Re: On -Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233 Dear Ms. Allen: On October 15, 2019, the Division of Water Resources (DWR) received your request to appeal an on - site determination made by DWR on April 4, 2018 as provided in 15A NCAC 02B .0233 (3) Neuse Buffer Rule). The appeal requested a reclassification of a feature known as T4-Reach 3 to be consistent with the preliminary jurisdiction determination (JD) provided by the US Army Corps of Engineers ( USACE) issued on March 22, 2019. The USACE determined T4-Reach 3 to be at least an intermittent stream. Staff of DWR did not conduct an on -site determination to review the preliminary JD by the USACE. The DWR has determined that the feature labeled T4-Reach 3 and shown on the attached map is at least an intermittent stream as determined by the USACE and therefore is subject to the Neuse Buffer Rule. This determination shall replace the determination originally performed by DWR on April 4, 2018. This determination can be contested as provided in General Statute 150B 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 form may be obtained from the OAH at http:f/www.ncoali.com_/ or by calling the OAH Clerk's Office at (919) 431-3000 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 he faxed to the OAH at (919) 431-3100, 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. D N North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617 919. 707.9000 Mailing address for the OAH: If sending via U.S. Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Sassarixa Swamp Site Wildlands Engineering, Inc. October 28, 2019 If sending via delivery service (UPS, FedEx, 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 DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This stream and its associated riparian buffers should be identified on any future plans for this property. The owners (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. This letter does not approve any activity within the riparian buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. 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. Sincerely, Mac Haupt, Acting Supervisor 401 & Buffer Permitting Unit M H/km Enclosures: Figure 3b Site Map, USAGE Preliminary JD cc: DWR RO- Stephanie Goss 401 & Buffer Permitting Branch files Jeremiah Dow - Division of Mitigation Services (via electronic mail) Filename: 18-4198v3SassarixaSwamp(Johnston)_bufferappeal Page 2 of 2 ri ti. Assessment Area Delineated Wetlands Open Water Intermittent Non -Wetland Water Perennial Nan -Wetland Water j i F x 1 Yt i - d11— e 1 1 (} i w ILA ny r•C h r i . f' h i ZIP Z L rl ca hlr rnlrrnali a Figure 3b Site Map - Sheet 2 Sassarixa Swamp Mitigation SiteRW1LDLANDS050300FeelNeuseRiverBasin (03020201) ENGINE E RINia I I I i Johnston County, NC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00432 County: JOHNSTON U.S.G.S. Quad: FOUR OAKS NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Wildlands Engineering. Inc. Mr. Charlie Neaves Address: 312 West Millbrook Raleigh, North Carolina 27609 Size (acres) 83 Nearest Waterway Black Creek USGS HUC 03020201 Nearest Town Smithfield River Basin Neuse River Coordinates Latitude:35.473294 Longitude:-79.437318 Location description: The ro'ect area is identified as an approximate 83 acre tract of land located at 160 Old Olive Road Smithfield Johnston County, North Carolina. Waters on -site drain into Sassarixa Creek and Black Creek,• both are within the Neuse River watershed (8-digit HUC: 03020201). Indicate Which of the Following Annly: 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 he 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 Iaw 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. Page 1 of 2 SAW-2018-00432 SASSARIXA SWAMP DMS SITE 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 (252) 808-2808 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 Daile at 919-554-4884 ext. 22 or by email at Samantha.J.Daile usace.arm .mil. C. Basis For Determination: NIA. An Approved JD has not been completed. D. Remarks: Refer to the enclosed Preliminary JD Form and Figures 3, 3a, 3b, and 3c for a detailed evaluation of the aquatic resources on -site. 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 IOM15 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 SAW-2018-00432 SASSARIXA SWAMP DMS SITE 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 byDAILEY.SAMANTHA DAILEYSAMAN HAJ.1387567948 DN: c=US, o=U.S. Government, ou=DoD, Qu=PKI, Corps Regulatory Official: •J•1387567948 Date:201903.21 2723-000' J1387567948 Date: March 22, 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:// cor2ssmapu.usace.arm,y.mil/cm apex/Pp=136:4:0. Table 1. Summary of On -Site Jurisdictional Waters Feature Latitude Longitude Cowardin Class Estimated Amount of Aquatic Class of Aquatic Resource Resource in Review Area Sassarixa Creek 35.475377 78,446255 Rive rine-Unconsolidated Bottom 3142 Perennial Non -Wetland Waters of the US T1 35.477619 78.443646 Riverine-Streambed 1731 Interm}ttent Non -Wetland Waters of the US T1A 35.478594 78.444288 Riverine-Streambed 384 Intermittent Non -Wetland Waters of the US T18 35.478424 78,444761 Riverine-Streambed 259 Intermittent Non -Wetland Waters of the US TIC 35,476262 78.44093 Riverine-Streambed 307 Intermittent Non -Wetland Waters of the US T2 35.474431 78.445631 Riverine-Streambed 354 Intermittent Nan -Wetland Waters of the US 13 35.473283 78.442523 Riverine-Unconsolidated Bottom 1190 Perennial Non -Wetland Waters of the US T4 35.47037 78.436943 Rive rine-Unconsol!dated Bottom 2319 Perennial Non -Wetland Waters of the US T5 35.469702 78.435939 Riverine- Unconsolidated Bottom 2606 Perennial Non -Wetland Waters of the US TSA 35.476707 78.437547 Rive rine-Streambed 956 Intermittent Non -Wetland Waters of the US T58 35.47674 78.435242 Riverine-Streambed 553 Intermittent Non -Wetland Waters of the US T5C 35.476133 78.43458 Rive rine-Streambed 706 Intermittent Non -Wetland Waters of the US Rive rine-Unconsolidated Bottom T6 35.472774 78.425131 1750 Perennial Non -Wetland Waters of the US From: Merritt, Katie To: Anaela Allen Cc: Dow. Jeremiah J; Woioski. Paul A Subject: RE: [External] RE: Sassarixa Technical Memo- DWR response Date: Monday, August 19, 2019 01:56:00 PM Hey Angela, You may send it do Paul Wojoski, same address as indicated on the letter. From: Angela Allen [mailto:aallen@wild landseng.com] Sent: Monday, August 19, 2019 1:51 PM To: Merritt, Katie <katie.merritt@ncdenr.gov> Cc: Dow, Jeremiah J <jeremiah.dow@ncdenr.gov>; Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Subject: [External] RE: Sassarixa Technical Memo- DWR response External email. Do not click links or open attachments unless you verify. Send all suspicious email as anFachmenttoreport.spam(@nc.gov Katie, Thank you for your thorough and timely review of this. I wanted to confirm whose attention I should make the appeal out to for the T4 call change. Andrea Eckardt mentioned Karen had temporarily been working another role. Thank you, Angela From: Merritt, Katie <katie.merrittPncdenr.Rov> Sent: Friday, August 16, 2019 4:48 PM To: Angela Allen <aallenPwildlandseng.com> Cc: Dow, Jeremiah J <ieremiah.dowPncdenr.gov>; Wojoski, Paul A <Paul.Woioski(@ncdenr.gov> Subject: Sassarixa Technical Memo- DWR response 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 TSA— 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 02B .0295 (o)(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 (o)(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 190 190 185 180 175 170 4-- 660+00 1--]--4, 660+50 661+00 661+50 Ci 7 CEO Ij BEGIN TSC ENHANCEMENT 11) STA.660+00 Cf CE EXISTING GROUND I I I 0. 2- 4' 11 20' 40' 60' IHoaizomrnq 185 180 175 i I I I I i I I I I i I I I 1 1 170 662+50 663+00 663+50 664+00 CE CE CE Cli CE - CEO CE CE CE CEO CE C) + Vo Al T5C tu 663+od 180 7 6s -------------------------------------- 662+00 I"'---- 0. -- 30 fu O C3 f 1) we A T lk wli�la'*l INQUIRY#: 5047396.5 YEAR: 1961 = 1000, (rEDR'' J Uwe tit -, R-i I PM-M i I m d 1 t I •1 a �R+y1 •� � �t'Y: i2 - (. r Sassarixa Swamp Nutrient Offset and Buffer Mitigation Bank Parcel Appendix: Overview Photographs Sassarixa Swamp Nutrient Offset and Buffer Mitigation Bank Parcel Appendix: Overview Photographs Sassarixa Swamp 274-420 Old Olive Rd Smithfield, NC 27577 Inquiry Number: 5170847.2s January 29, 2018 6 Armstrong Road, 4th floor Shelton, CT 06484 rEDW Toll Free: 800.352.0050 www.edrnet.com FORM-LBD-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------- ES1 Overview Map 2 Detail Map 3 Map Findings Summary---------------------------------------------------- 4 Map Findings 8 Orphan Summary--------------------------------------------------------- 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum------------------------------------------ A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map------------------------------------------- A-5 Physical Setting Source Map A-14 Physical Setting Source Map Findings---------------------------------------- A-16 Physical Setting Source Records Searched------------------------------------. PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. 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Copyright 2018 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC5170847.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 274-420 OLD OLIVE RD SMITHFIELD, NC 27577 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator UTM X (Meters): UTM Y (Meters): Elevation: 35.4734440 - 35' 28' 24.39" 78.4370220 - 78' 26' 13.27" Zone 17 732551.9 3928369.0 167 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5948588 FOUR OAKS, NC Version Date: 2013 AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: 20140611 Source: USDA TC5170847.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: 274-420 OLD OLIVE RD SMITHFIELD, NC 27577 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 5170847.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL___________________________ National Priority List Proposed NPL________________ Proposed National Priority List Sites NPL LIENS -------------------- Federal Superfund Liens Federal Delisted NPL site list Delisted NPL__________________ National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY__________ Federal Facility Site Information listing SEMS_________________________ Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS-ARCHIVE-------------- Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS------------------ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF------------------ RCRA- Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG------------------- RCRA- Large Quantity Generators RCRA-SQG------------------- RCRA- Small Quantity Generators RCRA-CESQG---------------- RCRA- Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS_________________________ Land Use Control Information System US ENG CONTROLS_ _ _ _ _ _ _ _ _ Engineering Controls Sites List TC5170847.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL_ _ _ _ _ _ _ _ _ _ Sites with Institutional Controls Federal ERNS list ERNS_________________________ Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS_____________________ Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS------------------------- Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF_______________________ List of Solid Waste Facilities OLI____________________________ Old Landfill Inventory State and tribal leaking storage tank lists LAST__________________________ Leaking Aboveground Storage Tanks LUST -------------------------- Regional UST Database INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land LUST TRUST_________________ State Trust Fund Database State and tribal registered storage tank lists FEMA UST____________________ Underground Storage Tank Listing UST___________________________ Petroleum Underground Storage Tank Database AST___________________________ AST Database INDIAN UST__________________ Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL_ _ _ _ _ _ _ _ _ _ _ _ _ _ No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites VCP___________________________ Responsible Party Voluntary Action Sites INDIAN VCP__________________ Voluntary Cleanup Priority Listing State and tribal Brownfields sites BROWNFIELDS______________ Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS----------- A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites SWRCY_______________________ Recycling Center Listing TC5170847.2s EXECUTIVE SUMMARY EXECUTIVE SUMMARY HIST LF_______________________ Solid Waste Facility Listing INDIAN ODI___________________ Report on the Status of Open Dumps on Indian Lands ODI___________________________ Open Dump Inventory DEBRIS REGION 9----------- Torres Martinez Reservation Illegal Dump Site Locations IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL_________________ Delisted National Clandestine Laboratory Register US CDL_______________________ National Clandestine Laboratory Register Local Land Records LIENS 2_______________________ CERCLA Lien Information Records of Emergency Release Reports HMIRS________________________ Hazardous Materials Information Reporting System SPILLS________________________ Spills Incident Listing IMD___________________________ Incident Management Database SPILLS 90____________________ SPILLS 90 data from FirstSearch SPILLS 80____________________ SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR _ _ _ _ _ RCRA - Non Generators / No Longer Regulated FUDS_________________________ Formerly Used Defense Sites DOD__________________________ Department of Defense Sites SCRD DRYCLEANERS_______ State Coalition for Remediation of Drycleaners Listing US FIN ASSUR_______________ Financial Assurance Information EPA WATCH LIST____________ EPA WATCH LIST 2020 COR ACTION_ _ _ _ _ _ _ _ 2020 Corrective Action Program List TSCA_________________________ Toxic Substances Control Act TRIS__________________________ Toxic Chemical Release Inventory System SSTS-------------------------- Section 7 Tracking Systems ROD__________________________ Records Of Decision RMP__________________________ Risk Management Plans RAATS________________________ RCRA Administrative Action Tracking System PRP___________________________ Potentially Responsible Parties PADS_________________________ PCB Activity Database System ICIS___________________________ Integrated Compliance Information System FTTS__________________________ FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS_________________________ Material Licensing Tracking System COAL ASH DOE_ _ _ _ _ _ _ _ _ _ _ Steam -Electric Plant Operation Data COAL ASH EPA______________ Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER_______ PCB Transformer Registration Database RADINFO --------------------- Radiation Information Database HIST FTTS____________________ FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS_____________________ Incident and Accident Data CONSENT____________________ Superfund (CERCLA) Consent Decrees INDIAN RESERV_____________ Indian Reservations FUSRAP______________________ Formerly Utilized Sites Remedial Action Program UMTRA_______________________ Uranium Mill Tailings Sites LEAD SMELTERS____________ Lead Smelter Sites TC5170847.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US AIRS______________________ Aerometric Information Retrieval System Facility Subsystem US MINES____________________ Mines Master Index File ABANDONED MINES --------- Abandoned Mines FINDS ------------------------- Facility Index System/Facility Registry System UXO --------------------------- Unexploded Ordnance Sites DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing ECHO ------------------------- Enforcement & Compliance History Information FUELS PROGRAM___________ EPA Fuels Program Registered Listing COAL ASH____________________ Coal Ash Disposal Sites DRYCLEANERS______________ Drycleaning Sites Financial Assurance ----------- Financial Assurance Information Listing NPDES------------------------ NPDES Facility Location Listing UIC---------------------------- Underground Injection Wells Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants EDR Hist Auto ----------------- EDR Exclusive Historical Auto Stations EDR Hist Cleaner_____________ EDR Exclusive Historical Cleaners 4Q MN=1d11Y=IN=IeZrZeP/=INkiIky,I=I,rreI:Na19 I Exclusive Recovered Govt. Archives RGA HWS____________________ Recovered Government Archive State Hazardous Waste Facilities List RGA LF_______________________ Recovered Government Archive Solid Waste Facilities List RGA LUST____________________ Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC5170847.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5170847.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 5170847.2S Target Property A Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property A Manufactured Gas Plants National Priority List Sites Dept. Defense Sites 0 1/4 1/2 1 Mlles Indian Reservations BIA Upgradient Area ioo-year flood zone Hazardous Substance 5oo-year flood zone Disposal Sites National Wetland Inventory State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Sassarixa Swamp CLIENT: Wildlands Eng, Inc. ADDRESS: 274-420 Old Olive Rd CONTACT: Carolyn Lanza Smithfield INC 27577 INQUIRY #: 5170847.2s LAT/LONG: 35.473444 / 78.437022 DATE: January 29, 2018 1:19 pm Copyright o 2018 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. DETAIL MAP - 5170847.2S Target Property A Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property A Manufactured Gas Plants t Sensitive Receptors National Priority List Sites Dept. Defense Sites 0 1 /16 1 /B 1 /4 Mlles Indian Reservations BIA Hazardous Substance ioo-year flood zone Disposal Sites 5oo-year flood zone National Wetland Inventory State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Sassarixa Swamp CLIENT: Wildlands Eng, Inc. ADDRESS: 274-420 Old Olive Rd CONTACT: Carolyn Lanza Smithfield INC 27577 INQUIRY #: 5170847.2s LAT/LONG: 35.473444 / 78.437022 DATE: January 29, 2018 1:20 pm Copyright o 2018 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton February 28, 2017 Carolyn Lanza Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Re: Sassarixa Swamp Mitigation Site, Johnston County, ER 18-0279 Dear Ms. Lanza: Thank you for your email of February 2, 2018, concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 6TY" Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599