HomeMy WebLinkAbout20150636 Ver 1_BPDP for PN_20151217Neville Farms Buffer and Nutrient Offset Bank Parcel
Development Package
Jordan Lake Nutrient Strategy - Upper New Hope Subwatershed
Orange County, NC
DWR# 2015-0636
Prepared by:
Watershed Investments NC, LLC
1630 Weatherford Circle
Raleigh, NC 27604
Phone: 919.533.9195
December 16, 2015
Contents
LISTOF ATTACHMENTS................................................................................................................................. ii
1.0
Introduction.......................................................................................................................................1
1.1
Bank Sponsor.................................................................................................................................1
1.2
Project Location and Description...................................................................................................1
1.3
Directions to the Site......................................................................................................................2
Tract1:
...................................................................................................................................................
2
Tract2:
...................................................................................................................................................
2
2.0
PROJECT SITE DESCRIPTION..............................................................................................................2
2.1
Land Use........................................................................................................................................2
2.2
Watershed Setting...........................................................................................................................3
2.2
Surface Hydrology and Watershed Area..........................................................................................3
2.3
Surface Water Determination for the Site.......................................................................................3
2.4
Floodplain Assessment...................................................................................................................3
2.5
Geology & Soils..............................................................................................................................4
2.6
Cultural Constraints........................................................................................................................5
2.8
Rare, Threatened and Endangered Species......................................................................................5
2.9
Existing/Historic Vegetation..........................................................................................................6
3.0
PROJECT PLANTING PLAN.................................................................................................................6
3.1
Riparian Restoration Activities........................................................................................................6
3.2
Planting Plan..................................................................................................................................7
3.3
Riparian Preservation Activities......................................................................................................7
3.4
Site Preparation and Invasive Species Control................................................................................7
3.5
Easement Boundaries.....................................................................................................................7
4.0
PROJECT MONITORING AND PERFORMANCE STANDARDS................................................................8
4.1
Project Monitoring Plan..................................................................................................................8
4.2
Adaptive Management Plan............................................................................................................8
4.3
Long Term Management Plan........................................................................................................8
5.0.
FINANCIAL ASSURANCE.....................................................................................................................9
6.0
MITIGATION POTENTIAL.................................................................................................................12
7.0
REFERENCES: ...................................................................................................................................
16
LIST OF ATTACHMENTS
Attachment A. Supporting Figures
Figure 1. USGS Topographic Map
Figure 2. Project Site Map
Figure 3. Watershed Setting
Figure 4. Soils Map
Figure 5. Historic Use
Figure 6-A. Tract 1 Nutrient Offset/Buffer Zones
Figure 6-B. Tract 2 Buffer & Riparian Zones
Attachment B. Orange County Stream Determination
Attachment C. Orange County Floodplain and Project Review
Attachment D. State Historic Preservation Office Review
Attachment E. Natural Heritage Program Review
Attachment F. Division of Water Resource Project Viability Letter
Attachment G. Division of Water Resource Financial Assurance Guidance Memo
Attachment H. Division of Water Resource Nutrient Credit Calculation for Tract 2
Attachment I. Delivery Factor determination for the Site
Attachment J. Site Photos
Neville Farms BPDP Watershed Investments NC
1.0 Introduction
The Neville Farms Site (Site) presents approximately 6.3 acres of permanent conservation easement in
Orange County, North Carolina. The purpose of this project is to generate Jordan Lake riparian buffer
restoration and preservation mitigation credits as well as nutrient offset credits. The Neville Farms Bank
Parcel is included in the Neville Farms Mitigation Banking Instrument (MBI) for Riparian Buffer Mitigation
and Nutrient Offset Credits signed between Watershed Investments NC, LLC and the NC Division of Water
Resources (D)X/R) on October 6th, 2015.This MBI is in accordance with 15A NCAC 02B.0295 (Temporary
Consolidated Buffer Mitigation Rule, effective October 24, 2014) and 15A NCAC 02B .0240 (Nutrient Offset
Payments Rule). The site shall be planned and designed encompassing land along Neville Creek, a tributary
to University Lake south of Chapel Hill in Orange County North Carolina. For the purposes of this Bank
Parcel Development Package (BPDP) the Site is divided using the following designations:
Tract 1 — Main project area on the north side of Neville Creek and accessible from Old
Greensboro Highway.
■ Tract 2 — Area south of Neville Creek and accessible from Stansbury Road.
Though the properties are adjacent, the division of the site is necessary based on land use, project crediting,
and for more clear referencing within this document.
The purpose of both rural tracts is to establish forest adjacent to surface water features to reduce nutrients
that flow into Neville Creek, University Lake, and ultimately, Jordan Lake. The project will have ancillary
benefits that include reducing sediment runoff, reducing nutrients to streams through agricultural runoff, and
thus, improving aquatic and terrestrial habitat. Any nutrient offset or riparian buffer mitigation generated
from this restoration would be available to offset impacts from development, both existing and proposed,
within the Upper New Hope Subwatershed of Jordan Lake, as verified by DWR staff onsite and in their letter
dated April 6, 2015 (Attachment F). All mitigation shall be provided in compliance with 15A NCAC 02B
.0295 (Temporary Consolidated Buffer Mitigation Rule, effective October 24, 2014) and 15A NCAC 02B
.0240 (Nutrient Offset Payments Rule).
1.1 Bank Sponsor
The Site is proposed by Watershed Investments NC, LLC (WINC) Contact information for WINC is
provided below.
Watershed Investments NC
1630 Weatherford Circle
Raleigh, NC 27604
Phone: 919-559-6264
Attn: Mike Herrmann
Email: mherrmannkwatershedinvestmentsnc.net
1.2 Project Location and Description
Attachment A -Figure 1 provides the USGS 1:24,000 Topo map showing the location for the Site, nearby
roads, and the surrounding vicinity. Surface water drainage features at the Site feed into the Upper New
Neville Farms BPDP Watershed Investments NC
Hope subwatershed of Jordan Lake. The Site is in the Cape Fear River Basin approximately 3 miles
southwest of Chapel Hill, NC and one mile upstream of University Lake. More specifically, the Site's
longitude and latitude in decimal degrees are -79.129 W and 35.892 N, respectively.
1.3 Directions to the Site
Tract 1:
i. From Raleigh, go West on I-40 and take the Hwy 54 -West Exit to Chapel Hill
ii. From Hwy -54, take the Jones Ferry Rd Exit, turn left to go South and proceed 0.9 miles.
iii. Turn Right onto Old Greensboro Highway after passing University Lake. Proceed 1.8 miles. Site
entrance is on the left through a driveway right-of-way at address 1426 Old Greensboro Road,
Chapel Hill
Tract 2•
i. Follow the above directions but instead of turning into the entrance for Tract 1, proceed another 0.5
miles and turn left onto Bowden Road.
ii. Follow Bowden Road for 1.2 miles and turn Left onto Stansbury Road.
iii. Property is at the end of the road. Address is 2201 Stansbury Rd, Chapel Hill, NC
2.0 PROJECT SITE DESCRIPTION
2.1 Land Use
Attachment A -Figure 2 has a map of the Site. The Site is contained on two tracts: Attachment A -Figure 2
provides a 2013 aerial of the Site while Attachment J contains on the ground photos of the site. These two
properties are further described below.
1. Tract 1—Part of a 112 acre farm that includes livestock pasture, woodlots, and hay production. The
proposed conservation easement is approximately 4.56 acres and is located on an area dedicated to
hay production, which is classified as an agricultural practice. Annual nitrogen application rates for
the property are approximately 100 lbs/ac. Portions of the riparian area currently have a narrow
buffer of trees (10-15ft) immediately adjacent to the stream. The majority of the proposed
reforestation is in the 100 year floodplain for Neville Creek. Runoff from the Site flows directly to
Neville Creek. Approximately 4.4 acres of land are proposed for the generation of nutrient offset or
buffer mitigation credit on this property (Note: As planned, a 0.20 acre portion of the conservation
easement will extend beyond 200 ft. from the stream and not be eligible for nutrient or buffer
mitigation).
2, Tract 2 — Part of a 9 acre single-family residential property with the pervious areas maintained as a
fescue grassed lawn, which is not classified as an agriculture practice. The proposed conservation
easement is approximately 1.8 acres. Portions of the proposed easement area currently have a
narrow forested buffer of 10-15 ft. An area at the lower end of the project site has grown over in
blackberry and honeysuckle and is planned to be cleared and reforested to help restore the native tree
buffer. Surface water leaves the site directly through drainage to Neville Creek.
2
Neville Farms BPDP Watershed Investments NC
2.2 Watershed Setting
Attachment A -Figure 3 provides a map of the Site in context with its watershed setting. Neville Farms is in
Jordan Lake's Upper New Hope subwatershed. In addition, the Site is upstream of University Lake, a
designated Water Supply Watershed. University Lake is used by the Orange County Water and Sewer
Authority to provide water to municipalities that include Chapel Hill and Carrboro. Table 2.2 provides
summary of watershed information on the Site.
Table 2.2. Site Watershed Information.
Watershed Unit
Number
HUC 8
03030002
Jordan Subwatershed
Upper New Hope
WBD 12-D' 't ID
030300020606
WBD Name
University Lake
NC DWI Watershed
Classifications
Water Supply II
High Quality Water
Nutrient Sensitive Water
2.2 Surface Hydrology and Watershed Area
The surface water from the Site drains directly to Neville Creek at Assessment Unit (AU) 16-41-2-2-1-(1)
which subsequently flows to University Lake and then Jordan Lake. As shown in Table 2.3, this AU was not
rated in NC DWR's 2014 Water Quality Assessment (NC DWR 2014).
Table 2.3. Neville Creek use classification for the project stream at the Site Source: NC DWR 2014).
Assessment Unit Surface Water Classification
16-41-2-2-1-(1) Not Rated
2.3 Surface Water Determination for the Site
Orange County is delegated authority by the NC Environmental Management Commission to conduct
determinations on whether drainage features in their jurisdiction are surface waters and subject to the buffer
rules of the State found in 15A NCAC 02B .0267 Protection of Existing Riparian Buffers. Orange County
Planning and Inspections assessed the Site and on February 9th, 2015 provided their determination that the
surface water features on the site are subject to the Rule. Attachment B provides a copy of this
determination.
2.4 Floodplain Assessment
The majority of the Site is in the floodplain. The project, however, will not affect areas of the stream and no
actions associated with the project are expected to be in conflict with the County or State floodplain
management requirements. Orange County's floodplain administrator was notified of the project and
requested to review the proposed project activities and determine if additional actions are needed for project
approval.
Attachment C contains the Orange County Floodplain Manager's determination that the project "will not
require additional floodplain analysis as the reestablishment of vegetation is not deemed to create/impact
3
Neville Farms BPDP Watershed Investments Nc:
existing floodways." Further County staff issue "approval for the project from both a zoning and flood
permitting standpoint" (Orange County, 2015).
2.5 Geology & Soils
The Site is located in the Carolina Slate Belt Level 3 Ecoregion. According to Griffin et. al (2002), this region
contains mineral rocks along with silty and silty clay soils. Also, low water yielding rock in the ecoregion lead
to streams drying up in the summer months.
Attachment A -Figure 4 provides a map of the soil at the Site. These soils data are summarized in Table
2.4. The predominant soils on the site are Congaree which are well drained loamy alluvium. These have a
seasonally high water table and are prone to flooding. Other soils on the site (Appling, Georgeville, and
Goldston) are deep, well drained, and have little organic matter. Ridges in the hay fields of Tract 1 contain
sporadic areas of shallow rock along the steeper slope faces. The shallow rock is not expected to preclude the
establishment of forest within the mitigation area and therefore will not be removed as part of the mitigation
plan.
Table 2.4. Site Soil Types and Descriptions. Source: USDA. 2015
Soil Unit
Project
Hydric
Hydrologic
Soil Description
Area %
Soil
Soil Group
ApC
Soils are found on slopes and ridges. Deep, well
Appling sandy
drained soils whose parent material consists of
loam, 6 to 10
19.0%
No
B
saprolite. These soils have little organic matter, are
percent slopes
not flooded or ponded, and with no saturation within
a depth of 72 inches.
Cp
Dominant soil for the site. The soil is found in flood
Congaree fine
plains with a parent material of loamy alluvium. Soils
sandy loam, 0
are moderate in organic matter, deep and moderately
to 2 percent
62.0%
No
C
well drained. Soil is frequently flooded with a water
slopes,
table depth of 39 inches during winter months.
frequently
flooded
GeB
Upland and interfluve soil. The parent material
Georgeville silt
consists of weathered argillite. The soils are deep and
loam, 2 to 6
9.0%
No
B
well drained. These soils have little organic matter,
percent slopes
are not flooded or ponded, and have no saturation
within a depth of 72 inches.
GeB
This soil is found on hillslopes and ridges. The
Georgeville silt
parent material consists of weathered argillite. The
loam, 6 to 10
4.5%
No
B
soils are deep and well drained. These soils have little
percent slopes
organic matter, are not flooded or ponded, and have
no saturation within a depth of 72 inches.
GIF
This soil is found on hillslopes and ridges. The
Goldston
parent material consists of weathered argillite. The
channery silt
o
5.5 /o
No
D
soils may have bedrock within 10-20 inches of the
loam, 15 to 45
surface but are otherwise well drained. These soils
percent slopes
have little organic matter, are not flooded or ponded,
and have no saturation within a depth of 72 inches.
4
Neville Farms BPDP Watershed Investments NC
2.6 Cultural Constraints
Cultural resources include historic and archeological resources located in or near the project parcel. The
evaluation of cultural focused primarily on the presence of cultural resources as determined by the North
Carolina State Historic Preservation Office (SHPO) and through field observations. The SHPO GIS Web
Service database did not reveal any listed or potentially eligible historic or archeological resources in the
proposed project area (NC SHPO 2015). No architectural structures or archeological artifacts have been
observed or noted during surveys of the site. The State Historic Preservation Office (SHPO) has been
notified of the proposed project and confirmed that their database contains no record of important cultural
resources in the easement area. A copy of their review and response letter is provided in Attachment D.
2.8 Rare, Threatened and Endangered Species
Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under
provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife
Service (USFWS) database for Orange County, NC (updated 12/27/2012) lists the following one endangered
species classified as Current and 2 as Historic (USFWS 2012):
• Dwarf wedgemussel (Alasmidontaheterodon) - Current;
• Michaux's sumac (Bhusmichauxii) — Historic;
• Smooth coneflower (Echinacea laevigata) - Historic;
The USFWS database also lists the Bald eagle (Haliaeetus leucocephalus) for the County. This species is
protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden
eagles. No protected species or potential habitat for protected species was observed during preliminary Site
evaluations.
In addition to the USFWS database, the NC Natural Heritage Program (NHP) was contacted to determine
whether previously cataloged occurrences of protected species were mapped within one mile of the project
site. A copy of the correspondence with the NHP is included in Attachment E. Results from NHP indicate
the following two species have were observed in the year 1940 within a mile of the project area.
• Pursh's Wild -petunia (Ruellia purshiana) — A plant species with a status of Special Concern -Vulnerable
(SC -V) observed in 1940. Its habitat is woodlands, mostly over mafic or calcareous rocks (NHP
2014).
• Coppery Emerald (Somatochlorageogiana) — A dragonfly Somatochlorageorgiana lacked specific location
information so it's observation has low accuracy but it has been observed in Orange County. This
species prefers "small, sand, forest streams" as habitat (Paulson 2011).
Pursh's Wild -petunia's habitat is predominantly woodland's and on rocks. Existing woodlands and rocks will
not be areas subject to planting activities with this project. The dragonfly species Somatochlorageorgiana habitat
is forested streams. Most of the Site's riparian areas have a narrow mature tree buffer. Planting activities will
remain outside of that buffer with tree planting activities associated with this mitigation project expanding on
the tree cover favored as habitat for this species. Based on initial site investigation and species habitat
preferences, no impacts to state protected species are anticipated as a result of the proposed project.
5
Neville Farms BPDP Watershed Investments NC
2.9 Existing/ Historic Vegetation
The majority of Tract 1 is currently planted in fescue and rye grass for hay production. Tract 2 is a mostly
managed fescue lawn with a mix of other native and planted grasses. Most areas on both sides of Neville
Creek have a narrow (10-15 ft) tree buffer adjacent to the stream that provides some buffer functions. This
thin buffer area has a mix of native trees (Gum, Red Cedar, Ironwood, Tulip Poplar) along with some
invasive shrubs (Chinese Privet, Autumn Olive). Historical imagery from 1993 confirms that this land use
occurred prior to the existence of buffer protection rules for the area (See Attachment A-Figure5).
Table 2.5 provides a summary of the dominant woody vegetation found in the streamside buffer area. Based
on feedback from the Division of Water Resources staff, those areas with existing tree cover will be
considered as Buffer Preservation for mitigation purposes.
Table 2.5. Observed Native Tree and Shrub Species
Common Name
Scientific Name
Common Name
Scientific Name
Tulip Poplar
I iriodendron tul i era
Ironwood
Carpinmcarvkniana
Sweet Gum
liquidambarsoradflma
Loblolly Pine
Pinustaeda
Red Cedar
Juni eros vi nzana
S icebush
Lindera ben oin
Box Elder
AcerNegundo
Coralberrry
Sympboricarpos
arbiculatas
Invasive plants are present in the existing woodland buffer but are not predominant at the site. Table 2.6
lists invasive species observed at the site. Discussion on the control of existing invasive can be found in the
Project Planting Plan in Section 3.
Table 2.6. Observed Invasive Species
Common Name
Scientific Name
Chinese Privet
Li ustrum sinense
Autumn Olive
Elaea nus umbellate
Japanese Honeysuckle
Lonicera laponica
3.0 PROJECT PLANTING PLAN
3.1 Riparian Restoration Activities
The riparian restoration will be conducted according to the temporary rule 15A NCAC 02B .0295. The
restoration of plant communities within the Site will provide stabilization and improve water quality within
the parcel. The protected buffer easement will be planted up to 200 feet back from the top of the stream
bank, with appropriate native species observed in the surrounding forest and species known to occur in
similar environmental settings. Fencing will not be installed as neither tract is used for pasture and livestock
will not have access to the area adjacent to the established easement. The buffered channels will provide
water quality and habitat functions within the Nutrient Sensitive Waters of Jordan Lake.
Some areas of the easement may require maintenance to prevent the establishment of invasive and/or exotic
species. Pre -planting treatment will be used to help remove these species limit the need for these maintenance
activities.
6
Neville Farms BPDP Watershed Investments NC
3.2 Planting Plan
Revegetation of the Site will include planting bare root trees and controlling invasive species growth. To
achieve a minimum stem density of 260 stems/acre after 5 years, planting density will be at least 436
stems/acre on 10 foot x 10 foot spacing. Volunteer species at the Site may be considered by the Division to
count toward meeting these performance standards. The initial planting of bare root trees will occur in the
Fall/Winter of 2015/2016 when tree species are dormant. Recruitment of volunteer species in the floodplain
is anticipated due to forests that exist upstream and on the stream bank.
The Site consists predominantly of bottomlands which will be planted as Piedmont Alluvial Forest. When
planting, at least four (4) species from Table 3.1 will be selected for the site with no one species comprising
more than 50% of the total planted stems. Planted stock will be high quality bare root plants approximately
24 inches in height. Seedlings will be hand -planted using KBC planting bars and will be pretreated with an
endo/ ectomycorrhizal spore root treatment.
Table 3.1. Planned Tree Species for the Neville Farms Riparian Planting. (Note: Species availability may
result in the substitution of re onally appropriate native species.)
Common Name
Scientific Name
Yellow Poplar
Liiiodendron tuli i era
Eastern Redbud
Cercis Canadensis
River Birch
Betula ni,gra
Green Ash
Fraxinus pennglyanica
3.3 Riparian Preservation Activities
Common Name
Scientific Name
Swamp Chestnut Oak
Qummus michauxii
Che bark Oak
uen-us pa oda
Sycamore
Platanus occidentalis
A narrow buffer of mature trees exists on the site along portions within Zones 1 and 2 of Tracts 1 and 2.
Zones 1 and 2 are defined in 15A NCAC 02B.0267 and extend a maximum distance of 50 feet from the top
of stream bank. The preservation area was reviewed by the Division of Water Resources and determined
eligible for Buffer Preservation (see Attachment F). Preservation areas will be included in the conservation
easement and invasive species populations that threaten the integrity of the native hardwood community will
be controlled. There will be no planting in these areas.
3.4 Site Preparation and Invasive Species Control
Soil conditions in floodplain areas, which are predominant at the site, are not compacted and not in need of
disking to rip and loosen the soil. A focus of site preparation will be to treat and manage invasive species
listed in Table 2.6 in buffer preservation and restoration areas. Invasive species management of existing
woody invasive plants within the woodland buffer will take place during the first year post planting. Larger
shrubs may be treated as a cut stump treatment while smaller vegetation is sprayed. Any applications will
completed by a NC licensed pesticide applicator.
In addition, within the planting areas of Tract 1 and Tract 2 herbaceous competition management will be
conducted as necessary during the first full growing season. Herbaceous competition management will
consist of mowing as well as targeted herbicide spraying of such species as blackberry, honeysuckle, and
Johnson grass.
3.5 Easement Boundaries
Easement boundaries will be identified in the field to ensure clear distinction between the Site and adjacent
properties. Boundaries may be identified by marker, bollard, post, tree- blazing, or other means as allowed by
7
Neville Farms BPDP Watershed Investments NC
site conditions and/ or conservation easement. Boundary markers disturbed, damaged, or destroyed will be
repaired and/ or replaced on an as needed basis. The easement boundary will be checked annually as part of
monitoring activities with the status of the boundaries reported in annual monitoring reports.
4.0 PROJECT MONITORING AND PERFORMANCE STANDARDS
Pursuant to criteria found in the Temporary Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and
Neville Farms Mitigation Banking Instrument (MBI), the measures of vegetative success for the Parcel will be
the survival of at least 260 planted trees per acre at the end of Year 5 based on monitoring of the site. Natural
recruits will not count towards annual achievement of performance standards; however they may be taken
into account during review by the NC DWR.
Invasive and noxious species will be monitored and controlled so that none become dominant or alter the
desired community structure of the site.
4.1 Project Monitoring Plan
Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording Vegetation
Level 2 Plot Sampling Only Version 4.2. Annual vegetation monitoring will occur each year during the fall
season with the first year occurring at least 5 months after initial planting. Six (6) vegetation monitoring plots
will be a minimum of 0.02 acres in size, and cover between 2% and 2.5% of the planted area. Data collected
will include: species, height, planting type (planted stem or volunteer), and grid location.
4.2 Adaptive Management Plan
In the event that the Site, or a specific component of the Site, fails to achieve the defined performance
standards, WINC will develop necessary adaptive management plans and/or implement appropriate remedial
actions for the Site in coordination with the NC DWR Remedial actions will be designed to achieve the
performance standards specified previously, and will include identification of the causes of failure, remedial
design approach, work schedule, and monitoring criteria that will take into account physical and climatic
conditions.
4.3 Long Term Management Plan
WINC, acting as the Bank Sponsor, will establish a Conservation Easement, and will monitor the Site for a
minimum of five years, or until NC DWR approval has been given. Prior to the submission of the 4th year
monitoring report, the Site will be transferred to a responsible third party. The third party shall be responsible
for periodic inspection of the Site to ensure that restrictions required in the Conservation Easement are
upheld. Endowment funds required to uphold easement conditions shall be negotiated prior to site transfer
to the responsible party.
The Bank Sponsor will ensure that the Conservation Easement will allow for the implementation of the
monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The
Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Site. These
activities will be conducted in accordance with the terms and conditions of the Neville Farms MBI.
8
Neville Farms BPDP Watershed Investments NC
5.0. FINANCIAL ASSURANCE
The Sponsor shall provide financial assurances in the form of a Performance Bond sufficient to assure
completion of all mitigation work, required reporting and monitoring, and any remedial work required. The
amount of this assurance is driven in part by the Site meeting requirements outlined by the Division in a
memo released on 4-2-14 (See Attachment G). In the memo, the Division outlines criteria that allow for a
site to seek performance bond amounts commensurate with project costs. To qualify, sites must meet all of
the following criteria:
• Project is for riparian restoration by approved private mitigation bank;
• Proposed mitigation area is 10 acres or less in size;
• Project does not require fencing, and
• Project does not include stream and/or wetland mitigation.
The Neville Farms Bank Parcel meets all of the above criteria. As a result, performance bond amounts will
be based, in part, on project specific costs. Tables 5.1 and 5.2 detail the project costs related to construction
and monitoring of the site, respectively. Construction costs for the project are determined to be $40,300 while
monitoring costs are $39,000. Table 5.3 provides a list of the consultants and contractors who are planned to
work on the Bank.
To comply with DWR policy, a performance bond must be acquired to cover 100% of construction cost or
$50,000, whichever is greater. For monitoring, the bond must cover the monitoring costs or, at a minimum,
be in the amount of $25,000. Accordingly, bond amounts of $50,000 and $40,000 will be secured to comply
with the financial assurance requirements of the State for construction and monitoring, respectively.
Alternatively, in lieu of posting the Construction Bond, the Sponsor (WINC) may elect to construct the
project prior to the first credit release.
Financial assurances shall be payable at the direction of the NC DWR to his designee or to a standby trust.
9
Neville Farms BPDP Watershed Investments NC
Table 5.1. Planned Construction Costs
Activity
Quantity
Cost per
Unit
Application/
Handling Fees
Attorney Fees
Other Changes
Total
Cost
Mitigation Banking Document
1
$2500
$50
$0
$2,550
Bank Parcel Development
Package Document
1
$7500
50
$0
$7,550
As -Built Report
1
$4,000
$24,000
$4,000
Establishment of Vegetation
Plots
6
$300
$8,000
$1,800
GIS / Mapping
1
$3500
$2,000
Replanting
$3,500
Survey
2
$2,000
Total
$4,000
Filing of Conservation
Easement/Deed
2
$550
$1,100
Site Preparation
1
$4,800
$2,500
Total
$4,800
Herbicide
1
$700
$700
Plants/Planting
2600
$3
$7,800
Fertilizer
0
0
Planting Contractor
1
$2,500
$2,500
Equipment Costs
$0
$0
Total Planned Construction Costs
$40,300
Table 5.2 Monitoring & Maintenance Costs
Monitoring Tasks
Quantity
Cost
(per
Unit)
Consultant
Fees
Total
Cost
Vegetation Plot Data Collection
6 plots
$1,500
$6,000
$15,000
Data Analysis
5 years
$600
$3,000
Report Documentation
5 reports
$1,800
$6,000
Total
$24,000
Maintenance & Adaptive Management Tasks if needed
Herbicide / Vegetation Control
4
$2,000
$8,000
Herbivory Control
2
$1,000
$2,000
Replanting
1
$2,500
$2,500
Total
$12,500
Stewardship
Inspections
10
$250
$2,500
Total
$2,500
Monitoring and Maintenance Costs Total
$39,000
10
Neville Farms BPDP Watershed Investments NC
Table 5.3.Contractors/Consultants for
Site Prep and Planting Contractor
Bruton Natural Systems
PO Box 1197
Fremont NC 27830
naturalsys terns @embargmail. coin
919-242-6555
Conservation Easement Preparation
Harriss& Marion, PI -LC
3326 Durham -Chapel Hill Blvd
P.O Box 51009
Durham, NC 27717
joe@hmattorneys.net
919-493-8421
Monitoring Services
Axiom Environmental
218 Snow Avenue
Raleigh, NC 27603
919-215-1693
glewis@axiomenvironmental.org
11
Neville Farms BPDP
and construction of the Site.
Surveying
K2 Design Group
5688 US Hwy 70 East
Goldsboro, NC 27534
k2design@suddenlink.net
919-751-0075
Banking Documents and Reports Preparation
Watershed Investments NC
1630 Weatherford Circle
Raleigh NC 27604
mherrtnann@watershedinvestmentsnc.net
919-559-6264
Watershed Investments NC
6.0 MITIGATION POTENTIAL
As noted in the Neville Farms MBI, buffer credit determination is subject to the Temporary Buffer Rule 15A
NCAC 02B .0295(h) and (i). Figure 6 identifies the buffer zone areas. Buffer credit will be generated from
both Preservation and Restoration activities. Table 6.1 provides a summary of the buffer credit calculation
for each zone and the totals for the Site. Details of the planting and restoration activities planned for the Site
are outlined in Section 3.0
In accordance with Rule 15A NCAC 02B .0295, the width of the buffer/nutrient credit generation area will
begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward
to a maximum distance of 200 feet. Nutrient offsets will not be generated within the areas described as
Preservation. Preservation areas meet the requirements described in .0295 (m)(2)(D) — Preservation of
Buffers on Subject Streams. Restoration areas meet the requirements of .0295(1) — Riparian Restoration or
Enhancement. Nutrient Offset credits sought are consistent with rules 15A NCAC 02B .0240 and .0273.
The Site will be constructed consistent with the Neville Farms MBI. Upon approval of this BPDP, a
conservation easement survey will be recorded with the Orange County Register of Deeds office. A final
survey of the mitigation area will also be conducted after construction has been completed and will be
submitted to the Division for approval with the project's as -built report.
As planned, the following credits are requested with the approval of the Neville Farms BPDP:
• Riparian Buffer Restoration: 1.20 acres for a credit of 51,400.8 square feet (ft2))
• Riparian Buffer Preservation: 1.22 acres for a credit of 5488.5 square feet (ft2))
• Nutrient Offset: 3.70 acres (7,143.38 lbs -N delivered and 420.34 lbs -P delivered)
12
Neville Farms BPDP Watershed Investments NC
N
W
Q
y!�
�N�„NQN
o
O
S
v,0
1
Nbd
0
oC�
otd
Oo
�PdP:1
Pd
m
UQ.
rt
O
O
O
.Y.
m
�
�
y
o.; o•
o
o
O
o
o
�
0
1-4
'U
ro i7
CJ
0
90
A)
0
0
o
o' o
O
c4aCN
o'
A
y
OHO
Ai
N
'*
Wn;
bt
K
00
J
N
O0
--j
V
N
V'
_
O
m
►frD
CD
0
w
N
Co
o
Cn
..
O
O
J
cn
�v
m
fD
00
o
0
z
oeD
O
o
o
o"
o
nr
N
o
e9
m
N
h
�7
W
N
�•'
z
A N
W
o
Q
_d
CD
0
v'N
W
o
C
nm
0
0
0
0
0
as
OCD
Q
o
4.
Ooo
w
�-
1-1 n -r
�* O
A N
vN,
�
.�
s�
;s7
H
C
i-,
z
S
fD
Al
tz
r.
f�D
R.
0
H
O
O
O
O 0
O
1
tz
0
oC�
otd
m
�
�rD
CD
ON
0
to t7
'U
ro i7
CJ
0
90
A)
0
0
o
o' o
0
0 0
o'
°
y
0
��
0
ON
O
o
o
0
o
nr
N
N
A N
o
O
0
0
0
0
0
to aQ
OCD
Q
o
4.
Ooo
w
�-
1-1 n -r
A N
H
0
N
O
O
4.
0
00
v
�
n
N
V
W
�'�
a,
0
cc
W
L"
G
U,
�
W
�
CN
�,n_.
cl"�
Q
o
to
4.
NN
00
LI)
v,
N
O0o
O
O
NO
O
N
LV
O
W
0
bo
R
H
C
i-,
z
S
fD
Al
tz
r.
f�D
R.
0
H
�•nyoo
� � L
o
n rD o
a -.D
C
C3
rD
rb
5�
iz�o�o���
$ CD
rD
RL
o UQ
r-
aUP
0
� o
fD '^'
ao
('D.
�t O
o
o
H
rD p
',D N
eD
K o
ct
o
v
�
0
0
Ln
SQ
8D n
0000
00
O rr,
C o
C
O
O
c
Wn;
r O
rs �
CL o.
a�
CN
�•nyoo
o
�o
C
o CD
c C
5�
iz�o�o���
fD '^'
ao
o
o
o 1
y
eD
-�
o
0
.
0
0
SQ
8D n
0000
00
O
o
Wn;
;a
Jaz
o
a�
CN
ON
z
C
J
ON
00
N
di
CD
0
n�
as
w
oo
w
O
00
o
z
d
o�
o"
o
fA Oif
w
�
O
M
N
W
N
W
W
Cn
�(
oo
W
W
00
m
�
n C
rD CD
a ¢,
!r
oN
o
r
4
00
5:
y
SQ
ar
p
allL-4
To comply with the requirements of 15A NCAC O2B .0273(2) (d) (i), nutrient credit sales (nitrogen (I) and
phosphorous (P)) will need to "account for differences in instream nutrient losses between the location of the
reduction need and excess loading reduction in reaching the affected arm of Jordan Reservoir". To
accomplish this, delivery factors are applied to nutrient offsets generated at Neville Farms to calculate the
nutrient pounds delivered to Jordan Lake. Nutrient offset credits, therefore, take into account nutrient
deliveries to the lake. Attachment I provides the Division's determination of delivery factors that apply to
this Site. Neville Farms falls into Zone 9 for N and Zone 8 for P resulting in delivery factors of 89% and
79%, respectively.
As indicated in the Site's MBI, credits generated from riparian buffer restoration activities can be converted
and transferred from buffer credits to nutrient offset credits with Division approval and from nutrient offset
credits to buffer credits. However, when converting from nutrient offsets to buffer, all applicable ratios and
percentages of full credit will apply according to 15A NCAC 02B .0295.
As indicated in the Neville Farms MBI, Tract 2 requires differing methods to develop available nutrient
credits than Tract 1. At the Division's direction, WINC used the Jordan -Falls Stormwater Accounting Tool
UFSAT) to calculate nutrient offsets for Tract 2. Based on the application of the JFSAT, the generated
nutrient offset credits available for land conversion of 1.20 acres from residential managed turf to riparian
forest and reduction of the runoff from approximately 30 acres of land draining to Tract 2 are 1,091.10 lbs N
and 243.00lbs P. With application of the delivery factor 89% for nitrogen and 79% for phosphorous, the
delivered nutrient offset credits available for 1.20 acres riparian restoration on Tract 2 are 971.08 N lbs and
191.97 P lbs. Attachment H provides a summary of the Division's approval of Tract 2's credit calculation
along with a summary of the methods used in the calculation.
Neville Farms' Nutrient Offset and Riparian Buffer credits will not be debited within the same area (not
stacked). The Neville Farms Bank will service impacts within the Upper New Hope Subwatershed of Jordan
Lake.
15
Neville Farms &PDP Watershed Investments NC
ATTACHMENTS
Neville Farms BPDP Watershed Investments NC
7.0 REFERENCES:
Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H.,Lenat, D.R-, and MacPherson,
T.F., 2002, Ecoregions of North Carolina, U.S. Environmental Protection Agency, Corvallis, OR.
NC Natural Heritage Program. 2014. NC Natural Heritage Program List of Rare Plant Species of North
Carolina. Online at hap://portal.ncdenr.org/c/document libraU/get file?uuid=4eaaf9f2-e30b-
4c19-809b-fcbl2eOdaffl&groupld=61587. Accessed 4/24/15.
NC State Historic Preservation Office. 2015. HPOWEB GIS Service. Online at
http://gis.ncdcr.gov/hi2oweb' (Accessed 4/7/15)
NC Division of Water Resources. 2014. 2014 NC Water Quality Assessment for 305(b). Online at:
http:/ /12ortal.ncdenr.org/web/wq/ps/mtu/assessment.
NC Division of Water Resources. 2015. Site Viability Response Letter. 4/6/15.
Orange County, NC. 2015. Orange County Flood Determination Response Letter. 4/9/2015.
Paulson, D. 2011. Dragonflies and Damselflies of the East. Princeton University Press. 544pg.
Shafale, M. P., and Weakley, A.S. 1990. Classification of the natural communities of North Carolina, third
approximation. NC Department of Environment and Natural Resources, Natural Heritage Program.
Raleigh, NC.
U.S. Department of Agriculture. 2015. Web Soil Survey Report. Accessed online 3/15/15
http://websoilsurvey.sc.egov.usda.gov/Al2p/HomePage.httn
U.S. Fish and Wildlife Service. 2012. Endangered and Threatened Species and Species of Concern by
County for North Carolina. Online at http://-,xww.fws.gov/raleigh/species/cntz-list/orange.html
(Accessed 4/8/15).
16
Neville Farms BPDP Watershed Investments NC
ATTACHMENT A. Supporting Figures
Figure 1. USGS 1:24,000 Topo Map & Site Location
_ � _ , ! ��.
IA k5
i t{
P -T!
ui
r `. Project Sitey
i
Ac
L
,
Gssipee
ter" Legend
Elon .Nava 4� Creedinoor Nommoms
River Efitners Neville Fsrms Sie
Graham Hillsborough 7_-
9 Alamance Chapel". Preject Pr3peapes
Hill Durham Streams 4rom Tcpc mapi
Mb or
I -i �g h
t r1Y MCI "5ville Rcs�s
Staley Flap Location Cary J j CauntyScundary
sib //.}',
City Pittsboro ex
USA Tapp Maps
Garne [i [132�_ [I,
Holly Ia1dEs
,iV csti� rngs GrargeFsrnel6eun�sri>_s
Sanford i
A-1
Figure 2. Project Site Map. (See Attachment I for photos associated with photo points.)
F6a
Figure 3. Neville Farm Watershed Setting/Service Area.
A-3
501 w
�
.. ,5 _ /� Vit• .:" 'S,.``�
r
.ry YiSrrAr -
- ORANGE' - 'r � �- �� 60RHAM
:. f
86
Project Site .
Location l
1
x
t
5 4 -
a
! { 8147
.. ..-," off=
,t
CHATHAEJ!
-, WAKE
-- 15
t
opang�fiir at ai,eoylphle-.Soe letk i cube
N
STOKES rPERSOi l— &NORTHA6IPTON
WARREN
Legend
:RCCKIHG,A69 CA54YEL,,', NCE I
Roads
tj
I GRANVILCE J I
FOiSYTH-- ,---�._ i I—_-HALF�AX
OURFIAM —
Upper New ope
n
G 2.255 4.5
%files
t ! l!
1GUILFORD 3 ORANGE 1
-� FRANKLIN !
i t ` %
lot>� Jx 1.NASH
----71L"A 1.7ANCE
Neville Farts Properties
".
DAVIDSON
CHATHAM 7A
/��
Z
t
County Boundary
I _ J
".Hn
P("PH
t Jordan Lake �, `So".
Subw_ a_te_rshedsr \-- —' '-JOHNSTON 7`
Stream slWaterbodies
%
$ `_ LEE /
Ott
bl
STANUF MOORE � HARNETT �WAY NE
MONTGOMERY %� SA pSON
A-3
Figure 4. Neville Farm SSURGO Soils Map (Source: USDA 2015)
A-4
44
Tract 1 Planned Easement
FlIt
50
4
b -A. Neville Farms I ract 1 13u"er Mitigation and Nutrient Offset R
- Tract 1 Nutrient Oft'set Credit -
Bax Hkia.u.a Typ. T w l + —D&—a off—
Tract
F
G,,a Norrime C tM OSa awn w
Oa'sea Gudittisid
I _, G.dir f OB�w CRdr
Tract I Buffer Credit m
Fano Tett 1 Cs.da Per Buffer Press
Mea. A— (M CTed" fi
I0"1 062 +,356 2-00-
A-6
n Zones.
Legend
= Neille Greek
Preservation(8ulfer Zone Al
QPlanned Easement
Nutrient Offset Zone
A(0-50ft)
/AN
/
B (51- 10011)
C (101 - 20011)
Roads
0 100
200
Feet
6-13. Neville Farms Tract 2 Butter Mitigation and Riparian Zones.
S IN
Bab
Midgauon Type Betio
Ther 2
Credit Per
Total Hoffer
7—
Credit Ty1w
Area -
.Acre
Qom' ''
.`� �i�♦
Buff. Restoration 1.1
OM
43,560
29AMS
Zonc_a
B�kr
(0-50 kj
103
Fxestacation
0,55
4,355
2,395.8
ZoocB
Restoration 1.1
0.48
43,560
q,9088
(51.iGO.R)
Rip—
t r�
0.09
4,336
3920
— 1:1 & 3M,
0.04
21,-80
8-12
Z—C
RR?—
:701-2001
Rtpaaan
10.1 &509.0
Prrsrxs's4on
Ob-
2,1"8
0
Total Riparian Restoration for Stab r credit
1.:0
n!a
51,400.8
Total Riparian Pnsenration for Buller credit
a
nfa
Mr's
Nwille Croak
� _ • cal
....
•;w
Bab
Midgauon Type Betio
Ther 2
Credit Per
Total Hoffer
7—
Credit Ty1w
Area -
.Acre
C."
Buff. Restoration 1.1
OM
43,560
29AMS
Zonc_a
B�kr
(0-50 kj
103
Fxestacation
0,55
4,355
2,395.8
ZoocB
Restoration 1.1
0.48
43,560
q,9088
(51.iGO.R)
Rip—
10:1
paetrrcation
0.09
4,336
3920
— 1:1 & 3M,
0.04
21,-80
8-12
Z—C
RR?—
:701-2001
Rtpaaan
10.1 &509.0
Prrsrxs's4on
Ob-
2,1"8
0
Total Riparian Restoration for Stab r credit
1.:0
n!a
51,400.8
Total Riparian Pnsenration for Buller credit
0.60
nfa
Mr's
tl Easement Boundary (Planned)
Buffer Zone N
--j A(0. 50R)
C (I Di - 200R)
.iWRoads
0 100 200
Feet
A-7
Attachment B. Orange County Stream Determination Documentation
From: Wesley Poole <wpoole@orangecountync.gov>
Sent: Monday, February 9, 2015 4:55 PM
To: 'mherrmann'
Cc: 'katie.merritt@ncdenr.gov'; Howard W. Fleming
Subject: RE: Orange County - Jordan Lake Stream Call for potential Nutrient
Offset/Buffer Credit - Neville Farm
Attachments: Site Assessment Map (PIN 9767295479) 2 SMS 02-09-15.pdf
Mike / Katie,
I had our Current Planning Division here at Orange County put together the attached "Site Assessment"
showing current environmental conditions on the southernmost property bordering the stream in
question. This is a standard document given to citizen's inquiring about parcels of land. Our system is
organized by PINS instead of physical addresses or latitudes / longitudes, but you should be able to
easily cross reference the supplied data. The stream in question is shown on both the USGS and Soil
Survey, hence portrayal on our GIS System. It also has associated floodway / floodplain with
approximate required Orange County stream buffers as shown.
With regards to the question of it being a jurisdictional stream subject to buffer rules ... Orange County is
delegated by DWR to conduct Surface Water Determinations and our protocol is as follows: a stream is
considered as jurisdictional if it shows up on the Orange County GIS System (a collection of both USGS
and Soil Survey Streams) and can only be removed by staff certified in Surface Water Identification after
a jurisdictional call of removal is made at the required cost for assessment ($200 for 1-2
Determinations/Site ). Our aerial imagery clearly shows the section of Neville Creek in question as a
"water flowing" feature, so I saw no reason for a site visit at the expense of the client. This imagery can
be viewed at the following link:
http://server2.co.orange.nc.us/OrangeNCGIS/defauit.aspx
Please advise if further verification is needed.
Thanks,
Wesley Poole
Erosion Control & Stormwater Officer II
Orange County Planning & Inspections Dept.
(919) 245-2587
From: mherrmann fmaiIto: mherrmann(awatershedinvestmentsnc.net]
Sent: Monday, February 09, 2015 8:05 AM
To: Wesley Poole
Subject: FW: Orange County - Jordan Lake Stream Call for potential Nutrient Offset/Buffer Credit -
Neville Farm
Hi Wesley— Would you be able to provide the documentation that Katie mentions? I think the
assessment you referenced would be good supporting evidence but I'll also need documentation from
you or someone else at the county who can make stream determinations that the stream section on
Neville Creek is subject to the buffer rules. The lat/long for the site that I've been using is 35.891902 N, -
79.128051 W.
-Mike
From: Merritt, Katie [ mai Ito: katie.merritt(aOncdenr.govl
Sent: Friday, February 6, 2015 3:09 PM
To: mherrmann
Cc: wpooleCaborangecountync.gov
Subject: RE: Orange County - Jordan Lake Stream Call for potential Nutrient Offset/Buffer Credit -
Neville Farm
Hi Mike,
An email from Orange County will suffice. Ask for the exact location (physical) and long/lat of the
feature they are making the jurisdictional call on.
Thank you,
katie
From: mherrmann fmaiIto: mherrmann@watershedinvestmentsnc.net]
Sent: Friday, February 06, 2015 12:39 PM
To: Merritt, Katie
Cc: wpoole@orangecountync.gov
Subject: FW: Orange County - Jordan Lake Stream Call for potential Nutrient Offset/Buffer Credit -
Neville Farm
Hi Katie —
I contacted Wesley Poole from Orange County Soil and Water about the Neville Farm site I reference in
the email I'm forwarding. Due to the size of the stream he observed on aerial photography and its
presence on the 1:24,000 topographic map, Mr. Poole determined that the stream section in question
would be jurisdictional and subject to the buffer rule and that a field determination was not necessary.
What information would you like me to have to document his determination?
-Mike
p.s. I left you a voicemail this morning regarding this. Please feel free to respond via email or phone.
Mike Herrmann
1630 Weatherford Circle
Raleigh, NC 27604
(p) 919-559-6264
mherrmann n_,watershedinvestmentsnc.net
www. watershedinvestmentsnc. net
This electronic mail communication may contain privileged, confidential, and/or proprietary information which is the property of Watershed
Investments NC, LLC or one of its affiliates. If you are not the intended recipient or an authorized agent of the intended recipient please
delete this communication and notify the sender that you have received it in error.
Site Assessment for PIN:9767-29-5479
Site Data
Zoning: RB
Acreage:8.79 acres within Orange County
Overlay Districts: University Lake Protected
Plat/Legal Description: DB 4978 / PG 491 Plat Book 497 / PG 591
Recorded Declarations/Covenants:
Zoning Requirements
Min. Lot Size: 87,120 sq. ft.
Min. lot width: 130'
Maximum height: 25'
Building Setbacks:
-Front (and Corner lots) = 40' from public rights-of-way
-Side Setbacks = 20' from side lot lines
-Rear Yard Setback = 20' from rear lot lines
Note: Lot size, building setbacks and stream buffers may
increase based on Private Road Justification (UDO 7.8.5).
ha��a�t
Environmental Features
-Stream buffer and/or Floodplain located on lot. 200' grass stream
buffer. Some wooded areas on northern property may qualify for
100' woods buffer.
-Base Flood Elevation (BFE) is: 422
-Finished Floor Elevation (FFE) is : 424
Impervious Surface Limits: 6% max. (22,973.5 sq ft. max based on
8.79 acres).
Land Disturbance Thresholds
1) Environmental Control Permit required if disturbing more than
10,000 sq.ft.; and
2) Stormwater Management Permit required if disturbing more
than 43,560 sq. ft. for residential structures.
Date Site Assessment Completed:2/9/2015 by SMS
if; x aD �►`� P.. 67;.�� aik`TaE
�, ;�fy •?�go� tom_ ,,• s �. 191' � �
Soil. GIF ��J 454 a' 26t'�i D uZj
PIN* 9767295479
JOHN THOMAS MCGEE + e M Data shown on this map is obtained from Orange county
JANINE M MCGEE N GIS and is for reference only.
Exact locations and boundaries should be verified.
2201 STANSBURY RDS Map prepared by Orange County Planning & Inspections.
CHAPEL HILL, NC 27516 497• 02/0912015-smschultz
r 47 4j _
Streams (Deleted) - 2' Contours (NCDOT) 100 YR Floodplain N
USGS Stream Parcels (Effective 02/02/07)
- Soils Survey Stream Zoning Floodway
Floodplain Buffer 65ft (Effective 02/02/07)
p Watershed .500 Year Floodptains B_3 1 inch =200 feet
Stream Buffer 65ft Soils (Effective 02/02/07) Peet
Attachment C. Orange County Floodplain and Project Review.
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245-2575
(919) 644-3002 (FAX)
www.co.orange.nc.us
131 West Margaret Lane
P O Box 8181
Hillsborough,
North Carolina, 27278
April 9, 2015
Mike Herrmann
1630 Weatherford Circle
Raleigh, NC 27604
RE: ORANGE COUNTY FLOOD PERMIT DETERMINATION — proposed
establishment of conservation area and replanting of vegetation within identified
Special Flood Hazard Area (SFHA) Overlay District for 2 parcels of property
(PINS 9768-11-1753 and 9767-29-5479)
To Whom It May Concern:
Orange County is in receipt of a Floodplain Development Permit proposing the
reforesting of property within an identified floodplain. Specifically, the project will involve the
planting of native trees along Neville Creek to on the following parcels:
1. An approximately 112 acre parcel of property owned by Nettie Gambill, no
assigned physical address, identified utilizing Orange County Parcel Identification
Number (PIN) 9768-11-1753, and
2. An approximately 8.7 acre parcel of property owned by John and Janine McGee
with a physical street address of 2201 Stansbury Road further identified utilizing
Orange County Parcel Identification Number (PIN) 9767-29-5479.
The parcels identified herein are both zoned:
• Rural Buffer (RB),
• University Lake Protected Watershed Protection Overlay District, and
• Special Flood Hazard Area Overlay District (SFHA)
The SFHA district, as you are already aware, indicates there is identified floodplain on
the 2 properties, as denoted on Federal Insurance Rate Maps (FIRM) number 3701983100J
panel(s) 9768 and 9767 J respectively with an effective date of February 2, 2007 (hereafter `the
property').
C-1
The project is intended to reestablish protective vegetative cover along the
aforementioned waterway. According to the information supplied to staff the project will not
involve the excavation existing land, or the depositing of fill material, within the floodplain. The
submitted map does not indicate the presence of wetlands within the project area (hereafter `the
project').
As a result of the properties being located within the SFHA district, development projects
are required to demonstrate compliance with established flood regulations as embodied within
the Orange County Unified Development Ordinance (UDO). The County also has regulations
requiring the protection of the natural areas around water features (i.e. stream buffers)
regulations as detailed within Article 6 of the UDO.
Staff has been asked to review the proposal and determine compliance with applicable
County regulations. This project involves the review of several agencies, most notably the NC
Department of Environment and Natural Resources (DENR), in determining the viability of the
project. This letter only focuses on any local (i.e. Orange County) permit standards and does not
presume to identify requirements associated with any other permitting process.
Upon review of the proposal, staff would like to offer the following comments:
1. The request has been submitted in accordance with the provisions of Section 2.6.2
Floodplain Development Permit and Certificate Requirements — Plans and Application
Requirements of the UDO.
2. Per Section 6.13.6 Stream Buffers — Uses Allowable Within Stream Buffers of the UDO
`restoration of stream buffers' is allowed as a `matter of right' within identified stream
buffers.
3. In reviewing the submitted plan the project does not call for the depositing of fill material
within the identified floodplain or the floodway.
Grading activities will be limited to those portions of the project requiring the actual
disturbance of land area for the purpose of re-establishing native vegetation.
4. In reviewing the submitted site plan there does not appear to be any alteration of existing
grade or the `mass grading' of property to accommodate the project.
5. Per Section 6.6.1 (14) of the UDO disturbance projects within identified floodplains
shall: `minimize flood damage consistent with these and other applicable County
regulations'.
Based on the submitted documentation it would appear the project will comply with
applicable development guidelines associated with the SFHA Overlay District and is
consistent with FEMA regulations governing land disturbance activities within identified
floodplain areas.
Based on the submitted documentation, and in accordance with Section 2.6.2 of the
UDO, staff can issue approval for the project, from both a zoning and flood permitting
standpoint. The project will not require additional floodplain analysis as the reestablishment of
C-2
vegetation is not deemed to create/impact existing floodways. The project, in fact, will help to
bring the property back into compliance with applicable stream buffer regulations and further
stabilize the banks of Neville Creek.
Please note land disturbing activities shall be permitted to commence once all other
required permitting processes have been adhered to, including any applicable Erosion Control
permits issued by Orange County and any required State/Federal permits, with copies of said
authorizations being provided to the County for our records.
The Orange County Planning department looks forward to continue working with you on
this project. Please contact staff at (919) 245-2575 for additional assistance.
CC: Craig Benedict, Planning Director
Howard Fleming Jr, Erosion Control
Wesley Poole, Erosion Control
James Bryan, Staff Attorney
File
Sincerely,
Current Planning
Orange County
C-3
, CFO, CZO
Attachment D. State Historic Preservation Office Review
North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
March 10, 2015
Mike Herrmann
Watershed Investments
1630 Weatherford Circle
Raleigh, NC 27604
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Neville Farm Nutrient and Buffer Mitigation Bank Site, Orange County, ER 15-0389
Dear Mr. Herrmann:
Thank you for your letter of February 21, 2015, concerning the above project.
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 c@ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
ck�-
��Ramona M. Bartos
Location: 109 Fast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
D-1
Attachment E. Natural Heritage Program Project Review
A.
NCDENR
North Carolina Department of Environment and Natural Resources
Office of Land and Water Stewardship
Pat McCrory
Governor
Mr. Mike Herrmann
Watershed Investments NC
1630 Weatherford Circle
Raleigh, North Carolina 27604
mherrmann@watershedinvestmentsnc.net
Bryan Gossage
Director
February 27, 2015
Donald R. van der Vaart
Secretary
RE: Neville Farms Nutrient and Buffer Mitigation Bank Site, Orange County, North Carolina
Dear Mr. Herrmann:
Thank you for the opportunity to provide information from the North Carolina Natural Heritage Program
(NCNHP) database for the proposed project referenced above. The NCNHP database shows a record for
a rare species — Pursh's Wild -petunia — that may occur within or nearby the proposed project area, and
also a property owned by Orange County and considered to be Orange County open space immediately
east and adjacent to the project area along Neville's Creek.
Within one mile of the project area, the NCNHP database shows element occurrence records for the
following rare species:
*For status and accuracy definitions, please see the Rare Species Status Definitions and Element Occurrences documents at
https://ncnhde.natureserve.org/content/help.
The occurrence record for Pursh's Wild -petunia is from a dry road bank in the vicinity of Neville's Creek
near University Lake, and is mapped in the NCNHP database as potentially occurring within your project
area. Although the record for Pursh's Wild -petunia is considered to be historical, the last observation
was made in 1940 by AI Radford and according to the NCNHP database the area has not been surveyed
since the original observation. The occurrence record for Coppery Emerald has very low accuracy due to
the lack of site-specific locational information associated with the record, but this species has been
documented in Orange County.
In addition, the NCNHP database shows several conservation/managed areas within one mile of the
project area, including the property owned by Orange County adjacent to the eastern portion of the
project area as noted above, as well as other Orange County open space properties upstream and
downstream from the project, a conservation easement managed by the Triangle Land Conservancy ca.
0.45 miles east of the project, and properties under conservation easement managed by Earthmark
North Carolina, LLC, located ca. 0.9 miles northwest of the project area.
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: 919-707-86001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
E-1
ELEMENT
OCCURRENCE
STATE
FEDERAL
SCIENTIFIC NAME
COMMON NAME
STATUS
ACCURACY
STATUS
STATUS
Ruellia purshiana
Pursh's Wild -petunia
Historical
Low
SC -V
---
Somatochlora georgiana I
Coppery Emerald
I Historical I
Very Low
I SR I
--
*For status and accuracy definitions, please see the Rare Species Status Definitions and Element Occurrences documents at
https://ncnhde.natureserve.org/content/help.
The occurrence record for Pursh's Wild -petunia is from a dry road bank in the vicinity of Neville's Creek
near University Lake, and is mapped in the NCNHP database as potentially occurring within your project
area. Although the record for Pursh's Wild -petunia is considered to be historical, the last observation
was made in 1940 by AI Radford and according to the NCNHP database the area has not been surveyed
since the original observation. The occurrence record for Coppery Emerald has very low accuracy due to
the lack of site-specific locational information associated with the record, but this species has been
documented in Orange County.
In addition, the NCNHP database shows several conservation/managed areas within one mile of the
project area, including the property owned by Orange County adjacent to the eastern portion of the
project area as noted above, as well as other Orange County open space properties upstream and
downstream from the project, a conservation easement managed by the Triangle Land Conservancy ca.
0.45 miles east of the project, and properties under conservation easement managed by Earthmark
North Carolina, LLC, located ca. 0.9 miles northwest of the project area.
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: 919-707-86001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
E-1
Neville Farms Nutrient and Buffer Mitigation Bank Site, Orange County, North Carolina
February 27, 2015
Page 2
The locations of natural areas and conservation/managed areas near the project area may be viewed by
accessing the Natural Heritage Data Explorer online map viewer, or by downloading and using
Geographic Information System (GIS) data; both options are available from the NCNHP Data Services
webpage (www.ncnhp.org .
Please note that occurrences of rare species documented within one mile of the proposed project area
increase the likelihood that these species may be present within the project area if suitable habitat
exists. The use of Natural Heritage Program data should not be substituted for actual field surveys if
needed, particularly if the project area contains suitable habitat for rare species. If rare species are
found during field surveys, the NCNHP would appreciate receiving this information so that we may
update our database.
Thank you for your inquiry, and please feel free to contact me at Allison.Weaklev@ncdenr.gov or 919-
707-8629 if you have questions or need additional information.
Sincerely,
Allison Schwarz Weakley, Conservation Planner
NC Natural Heritage Program
E-2
Attachment F. Division of Water Resources Project Viability Letter
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 6, 2015
Mike Hermann
Watershed Investments NC, LLC
1630 Weatherford Circle
Raleigh, NC 27604
(via electronic mail)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Neville Creek
Near 1501 Old Greensboro Rd, Chapel Hill, NC
Orange County
Dear Mike,
Donald R. van der Vaart
Secretary
On February 13, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a request from
Watershed Investments NC, LLC (WI) for a site visit near the above -referenced site to determine the
potential for nutrient offset and Jordan riparian buffer mitigation. On March 24, 2015, Ms. Merritt
performed a site assessment of two properties near the subject site, which are more accurately described
in the attached aerial map. If approved, mitigating these properties could provide riparian buffer credits
and/or nutrient offset credits within the Upper New Hope Watershed of the Cape Fear River Basin.
Ms. Merritt's evaluation of the two properties' for buffer and nutrient offset mitigation is shown below:
Gambill Property
• Stream onsite is Neville Creek and was determined to be at least Intermittent by the Town of
Chapel Hill (email from Wesley Poole with Orange County on February 9, 2015).
• The narrow forest fringe along Neville Creek was described to be mature with a closed canopy the
entire length of Zone 1 of the proposed mitigation area. Therefore, Zone 1 is viable for buffer
preservation only and suitable for buffer mitigation credit only.
• The existing land use condition within Zone 2 of the Jordan buffer (21-50') was determined to be
active hay crop cultivation. Therefore, Zone 2 is viable for buffer restoration and suitable for either
buffer mitigation credit or nutrient offset credit.
• The existing land use of the riparian area located outside of the Jordan buffer (51-200') was
determined to be active hay crop cultivation. Therefore, this area is viable for riparian restoration
and suitable for either buffer mitigation credit or nutrient offset credit.
McGee Property
• Stream onsite is Neville Creek and was determined to be at least Intermittent by the Town of
Chapel Hill (email from Wesley Poole with Orange County on February 9, 2015).
Division of Water Resources - 401 and Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-6494
Internet: www.newaterquality.org
An Equal Opportunity 1 Affirmative Action Employer -Made in part by recycled paper
F-1
The existing land use condition within Zone 1 and Zone 2 of the Jordan buffer (0-50') was
determined to be a mixture of mature hardwood trees with a disturbed understory dominated by
invasives. The area within the Jordan buffer was determined to be viable for buffer restoration and
suitable for buffer mitigation credit only. Site preparation will be needed to manually remove the
invasives. Additionally, all of the erosional gullies and holes must be filled and stabilized to
promote diffuse flow of stormwater runoff within the buffer. All trees must be surveyed out of the
total square footage of the proposed mitigation area.
The existing land use condition outside of the Jordan buffer (51-200') was determined to be a
maintained lawn and not in agriculture. This area is viable for riparian restoration and suitable for
only buffer mitigation.
A map showing the project site is provided and signed by Ms. Merritt on April 6, 2015. For any areas
depicted as not being viable for nutrient offset credit above, Wl 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 according to 15A NCAC 02B .0240.
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence.
KAHJkm
Attachments: Site Aerial Map
cc:File Copy (Katie Merritt)
Sincerely,
ll&fKaren Higgins, Supervisor
401 and Buffer Permitting Unit
F-2
I
u
F
o$oni
+C
o
fy
$ $
08 `a
m
vs
13
'
t
K
CL
to
I
'l
t-
1
w
i
I
C
7
t
t
i
J�
s
,r,
s
u
t
a
6
n
a
I
LL
F-3
MR
C)
IZ
C
3
v
a
CL
t v
ry
u �
u c
v v
O v
a
E
Rv, r
d
7 rz
Attachment G. Division of Water Resources Finacial Assurance Guidance Memorandum
NCD -ERR -
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 2, 2014
MEMORANDUM
TO: Approved Nutrient Offset & Riparian Buffer Mitigation Banks in NC
FROM: Katie Merritt O `-
Nutrient Offset & Buffer Banking Coordinator - Division of Water Resources
THROUGH: Karen Higgins JN
401 and Buffer Permitting Unit - Division of Water Resources
Supervisor
John E, Skvarla, III
Secretary
SUBJECT: Notification of potential changes to performance bond requirements for construction
and monitoring costs of nutrient offset and riparian buffer mitigation banks in NC
On February 19, 2014, Assistant Secretary of the North Carolina (NC) Department of Environment & Natural
Resources, Mitch Gillespie, responded to a concerned citizen's letter requesting staff within the Division of Water
Resources (DWR) re-evaluate the minimum requirements of performance bonds for nutrient offset and riparian
buffer mitigation banks in NC. Currently, the requirements are a minimum of $150,000 and $100,000 for
construction and monitoring costs respectively. Staff within the 401 & Buffer Permitting Unit of the DWR,
conducted a thorough review of information received from mitigation providers and consultants and determined
that performance bonds less than the current minimum bond requirements may be accepted on a case by case
basis, Restrictions to the changes in bonding amounts are as follows:
• Applicable for riparian restoration projects conducted by approved private mitigation banks only;
• Applicable for projects 10 acres or less in size as shown on a survey;
• Applicable for projects that do not include fencing as part of the approval for mitigation;
• Not applicable for projects that include stream and/or wetland mitigation; and
• No bond shall be less than $50,000 and $25,000 for construction and monitoring costs respectively.
In accordance with the statement provided in Mr. Gillespie's response letter, the following applies:
• "Operational procedures that are not in direct compliance with existing Umbrella Mitigation Banking
Instruments (UMBI) will need to be approved prior to implementation ".
Therefore, mitigation bank sponsors who would like to modify the performance bond requirements on
buffer/nutrient offset riparian restoration projects may submit a modification of their existing UMBI for review
and approval by the Director of the Division of Water Resources (DWR), prior to implementation.
Please contact Katie Merritt at 919-807-6371 or katie.i-nerritt@ncdenr.gov ncdenr.gov for UMBI modification requests or
questions regarding this correspondence.
Division of Water Resources - 401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 91M07-63001 FAX: 919-807-6494
Internet: www.ncwaterquality.org
An Equal OpporWrtily 1 Affirmative Acton Employer - Made in part by recycled paper
G-1
Attachment H. NC DWR Approval Notice and Support Materials for Tract 2's Nutrient Credit Calculation.
From: Davis, Amin <amin.davis@ncdenr.gov>
Sent: Thursday, July 23, 2015 1:22 PM
To: mike_herrmann@hotmail.com; mherrmann
Cc: Gannon, Rich; Merritt, Katie
Subject: RE: Neville Farms Tract 2 Nutrient Credit Calculation
MIKE — I have reviewed your information and it appears to adequately document the site and associated
offset credit calculations. Rich informed me that you and he spoke yesterday and the processing of your
site information through DWR will take a couple of months. I'm sure we'll be in touch as things move
forward.
Amin
From: Davis, Amin
Sent: Tuesday, July 21, 2015 2:44 PM
To: 'mike_herrmann@hotmail.com'; 'mherrmann'
Cc: Gannon, Rich
Subject: RE: Neville Farms Tract 2 Nutrient Credit Calculation
MIKE — Thank you for sending this updated information. I will be in touch with you later this week
regarding confirmation and next steps.
Amin
Amin Davis
Watershed Restoration Specialist
NCDENR Division of Water Resources
Nonpoint Source Planning Branch
1617 Mail Service Center, Raleigh NC 27699-1617
919-807-6439
amin.davis@ncdenr.gov
http://Portal.ncdenr.org/web/wq/ps/nps
From: mike herrmann@hotmail.com fmailto:mike herrmann@hotmail.com]
Sent: Friday, July 17, 2015 4:20 PM
To: Davis, Amin
Subject: Fwd: Neville Farms Tract 2 Nutrient Credit Calculation
Hi Amin,
Attached are the nutrient calculation materials for Tract 2. The edits you
suggested have been made to Attachment A. The remaining materials remain the
same. If you are satisfied that these materials adequately document the site and
offset credit calculation, I'll need a communication from your Branch stating that.
Thank you,
H-1
WATERSHED?
{ r : �t1'1E'S�ttZ�"t'1LS
July 16, 2015
Amin Davis
Nonpoint Source Planning Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Nutrient Offset Credit Claculation Materials for Neville Farms — Tract 2
Mr. Davis
Attached for your review is the nutrient offset credit calculation and supporting materials for the
Tract 2 (McGee Site) of the Neville Farms Riparian Buffer and Nutrient Offset Mitigation Bank.
The following attachments are included in this submission:
A. Summary of Project and Nutrient Offset Calculation
B. Copy of Jordan Falls Stormwater Tool Data Sheets
C. Map of Tract 2 Portion the Neville Farms Nutrient Offset and Buffer Mitigation Bank
D. 401 & Buffer Unit Determination Letter Removed in the Attachment as it is duplicated in Attachment F.
Would you please review these materials and respond as to whether you agree with the attached
offset credit calculation? The awarding of that credit will also be determined by whether the
project is developed in accordance with its Bank Parcel Development Package (BPDP) and if it
meets the regulatory requirements established in the project's mitigation banking instrument.
These are currently being developed in consult with the Division of Water Resource's 401 &
Buffer Permitting Unit.
Also, pursuant to 15A NCAC 02B .0273(2)(d)(i), the project will need to "account for differences
in instream nutrient losses between the location of the reduction need and excess loading
reduction in reaching the affected arm of Jordan Reservoir". In past communications, you've
indicated that the Division is currently preparing to release delivery factors that will be applicable
to this project. When those become available, will you please forward them so that they can be
included in both the project's mitigation banking instrument and BPDP?
Thank you for your help in the review for offset crediting of this site. I understand that it
presented a departure from the traditional crediting sought for sites and, consequently, required
additional review and consideration. I appreciate the timely manner with witch you have
conducted your review.
Sincerely,
I
Mike Herrmann
1630 Weatherford Circle,italeigh NC 27604 ( Tel :919-533-9195 1 uccw.watershedinves"cntsne.net
H-2
ATTACHMENT H. Attachments
ATTACHMENT A. Tract 2 of Neville Farms Nutrient Offset Calculation Summary
Project Overview
Tract 2 is part of a larger restoration project identified as Neville Farms in the Bank Parcel Development
Plan that is currently being developed. Located adjacent to Neville Creek, a perennial stream in Orange
County, Tract 2 is on an 8.8 acre property owned by John McGee. The watershed draining through the
project site encompasses 31.6 acres. The proposed Tract 2 conservation easement is approximately 1.7
acres with 1.20 acres anticipated for reforestation. The remaining 0.5 acres, a narrow, mature buffer
ranging between 10 and 20 feet exists in portions of the easement area, will be considered as buffer
preservation with no proposed nutrient reduction benefit. Attachment C provides a map of the Site
including the land draining to it.
For areas of the conservation easement lacking a forested buffer or with forests less than 50 feet,
residential lawn will be replaced with native trees to create a buffer with widths varying between 50 and
150 feet. In accordance with current DWR policy, success criteria on the project will be based on a
minimum planted stem density survival of 260 stems/acre after 5 years.
Currently, the majority of Tract 2 consists of residential lawn. While it is eligible for buffer credit, staff
from the 401 and Buffer Unit directed me to work with the Planning Section to develop the nutrient
offset crediting because the site falls outside of the typical practice for generating nutrient offset credit
(i.e., riparian reforestation of agricultural land). Attachment D contains a copy of the letter summarizing
their determination.
Nutrient Reduction Calculation Summary
The calculated nutrient credit available for the site is 1091.10 N lbs and 243.00 P lbs. This is based on an
annual nutrient offset crediting for the site of 36.37 N pound (lbs)/year and 8.10 lbs/year multiplied by
30 years. The method used to quantify nutrient offset credits has been developed through coordination
and communication with the NC DWR Planning Unit staff. The agreed on approach involves the use of
site-specific factors and the Jordan -Falls Stormwater Accounting Tool (JFSAT) Version 3.0. Supporting
printouts from the tool are included in Attachment B. A summary of the nutrient offset calculation is
included below.
Table A-1 provides a summary of the estimated reduction from the JFSAT. The JFSAT accounts for both
land conversion for nutrient removal from upland sources. The upland area is 29.93 acres. This area
includes The Orchard, a development under construction that contains a mix of residential and forest
land use with 2 ac residential lots being the predominant parcel type. Parameters used to run the tool
along with its output are contained in Attachment B.
Table A-1. Land Conversion and Upland Source Reduction.
Nutrient Pre -project load
(lbs/yr)
Post -project load
(Ibs/yr)
Nutrient
reduction (lbs/yr)
Nutrient Credit
(lbs/30 yrs)
Nitrogen 80.52
44.15
36.37
1091.10
Phosphorus 16.08
7.98
8.10
243.00
H-3
e
Q
� a
CL e
x
W
F�
W
Z
3
Z
N
+r
N
u
@
U
ami
E
vi
tD
C
O
L
dQ
++
N
N
n
Z
L
r-1
d
a7
of
—
>
aiZ
Z
2m
L
7
.CCG
G
O
1%1
N
-1
W
i
m
U
N�
u
ai
C
U
y
o
o
V
o
d
,pZ
c O
O c
u
i
4J
Li
41
E
°'
a
o
�'"
d
NZ
Z
m
d
d
G
C
�
a
o
o
u
a`
a`
F�
W
a<t�
c
E
,'n ? Z r E m= x m= r a •I E E o a E E a a
O
>an ca°.> aci¢n>
10
E / L"' tO v ¢ `a E O0 n' ° u E n nnu'ci aau`u'
y E t W U n o
! v m .i O 3°
A
e fi
u� V1 in
ffi 3
6
mSLI
A _ _
I I I t
mi
cc j
12
r I jl mf i
NI }i
W
c8 u ^mai ai l j`ON
jo o ad; oo�a oo ac ;
o,0c
: o o'!md o nolino
Eg .. ., a �--� � � '--E--;— —�--rte--a---}�--�� •---+-- i—'—�--� -„-- ��? _ ,_.
2
w Et iI ��' i.�,
CCd r— ry N 1 I I = I a a i � I i 1 j � 2
IA W
�:+ I i jj j s d
75
l - j LA
z i Z
v o' i d � l
I Z c j d o 0 5
{ °
cu IS i O 2_ naZ I n a L O: f
al Q„� am Im.J Z �'a .d. w'
m a c 3
L u °° ¢ °° O.a ❑ 3� m „'.Z o 0 0 o_ o 2 3 3- 3 G' - 3 ¢.
07'O EvN mm 3;„❑ mo m'°o❑ __°❑
lines° O on ° o �.i o v.� i� LL X ni.X .. �'.0 z: o:.n �,i o: z..�.� oz
m m m
N
a
� m a'� � 000 000 ociicc
3 j cu o
o F a If
¢ t
„ m
r w a
JW 0 0 0 0 0 0 0 0 0 0
—it—
M M ¢
o ;+
� Q
—1
CL
�
a
°
y
go --
« m
in
a
m
o m
a
c E
v
o �
m>
E
°
E
m
a
m
CL
5ro
^
a
E m>
> u
«
L
w
L i0
u
0 w •V-�
C
u
tu O
V
p
m
E
a
>
c
cu
c
M
N
10
O
a
d
N
u
W
Q
CL
O
c
c
.� c
u_
tn
Z
u
of
x
Ii ijlljijif
to CO j 1
O
o oo
c,Om c, o o o c, c, o o I. o c,
0 0 0 1
0 0 0 0 0 0 0 0 0 0 . . . . . .
v
10
4�
PC,
O
!A 33-1 E'L,l
ac z Z
Development Name:
Total Development Area (ft):
Designer:
Date:
Neville Farms - Tract 2
1,377,644
Watershed Investments NC
July 9, 2015
DDve[Mment Summ
Pre -Development Post -Development Post -Development
Conditions Conditions w/ BMPs
r.
Percent Impervious (%) 6.8% 10.6% 10.6%
Annual Runoff Volume (c.f.) 580,321 758,346 462,590
Total Nitrogen EMC (mg/L) 2.22 1.93 1.53
Total Nitrogen Loading (Ib/yr) 80.52 91.55 44.15
Total Nitrogen loading (Ib/ac/yr) 2.55 2.89 1.40
Total Phosphorus EMC (mg/L) 0.44 0.37 0.28
Total Phosphorus Loading (Ib/yr) 16.08 17.38 7.98
Total Phos. Loading (Ib/ac/yr) 0.51 0.55 0.25
Overall BMP/Catchment Summary
Area Volume TN TP
Treated Reduction I
Outflow TN ` Outflow TP Outflow TN Outflow TP Reduction Reduction
(ft21 M (mg/L) (mg/L) (lbs/ac/yr) (lbs/ac/yr) M M
Catchment 1 1,355,864 40.0% 1.53 0.28 1.41 0.25 58.69% 71.20%
BMP 1 1,355,864 40.0% 1.53 0.28 1.41 0.25 58.69% 71.20%
BMP2 0 NA NA NA NA NA NA NA
BMP 3 0 NA NA NA NA NA NA NA
Catchment 2 0 NA NA NA NA NA NA NA
BMP1 0 NA NA NA i NA NA NA NA
BMP 2 0 NA NA NA NA NA NA NA
BMP3 0 NANA NA NA NA NA NA
Catchment 3 #� 0 I NA NA NA NA NA NA NA
_._._
BMP1 0 NA NA NA NA NA NA NA
B M P 2 0 NA NA NA NA NA NA NA
BMP3 0 NA NA NA NA NA NA NA
Catchment 4 0 NA NA NA NA NA NA NA
FBMP1 0 NA NA NA NA NA NA NA
BMP 2 0 NA NA NA NA NA NA NA
BMP3 0 NA NA NA NA NA NA NA
;Catchment 5 ! 0 NA NA NA NA NA NA NA
BMP1 0 NA NA NA NA NA NA NA
BMP2 0 NA NA NA NA NA NA NA
BMP3 0 NA NA NA NA NA NA NA
Catchment 6 0 NA NA NA NA NA NA NA
H-8
,r=te' i i ca
4o
Is
,o ation I
Attachment I. Site Delivery Factor Determination
From: Davis, Amin <amin.davis@ncdenr.gov>
Sent: Monday, October 5, 2015 4:51 PM
To: mherrmann
Cc: Gannon, Rich
Subject: RE: Jordan Lake - Updated Jordan Delivered Factors
MIKE — Below are the delivery factors you can use for the Neville -McGee nutrient offset site per our
correspondence with you. We plan on sending out a memo to interested parties by Wednesday
concerning these updated delivery factors/zones. We appreciate your patience.
TN: 89% (Zone 9)
TP: 79% (Zone 8)
Thank You,
Amin
Amin Davis, PWD
Watershed Restoration Specialist
NCDEQ- Division of Water Resources
Nonpoint Source Planning Branch
1617 Mail Service Center, Raleigh NC 27699-1617
919-807-6439
amin.davis@ncdenr.gov
http://Portal.ncdenr.org/web/wq/ps/nps
I-1
North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 7, 2015
MEMORANDUM
To: Interested parties in the Jordan Lake Watershed
From: Amin Davis, Environmental Senior Scientist, NPS Planning Branch Q.xl�'
Subject: Informal 30 -Day Public Comment Period On Updated Nitrogen and Phosphorus
Delivery Factors for Nutrient Offset and Other Trading Uses Under the Jordan Lake
Nutrient Strategy
This Memorandum serves as notification of a 30 -day comment period to regulated parties and
stakeholders that nitrogen and phosphorus load delivery factors used to comply with applicable
parts of the Jordan nutrient rules are being updated. The purpose of updating delivery factors is to
incorporate more accurate science and to simplify site specific determinations of applicable delivery
factors by regulated parties within the Jordan Lake watershed. Once established these updated
delivery factors will supersede those documented in the memo regarding this topic dated June 23,
2010 and the associated Jordan Lake Nutrient Strategy Nonpoint Source Delivery Factors map
dated August 3, 2011. The timeframe for use of these delivery factors is affected by recent Session
Law 2015-241 that delays implementation of certain provisions of the Jordan Lake Strategy. The
Division will provide an update to affected parties concerning the effects of this Session Law in a
separate notification. Rule implementation delays aside, the Division will consider any public
comments received associated with this memo before finalizing these updated delivery factors and
distributing to interested parties.
Rule Requirements: Delivery factors are an estimate of the degree to which nutrient loads are
attenuated between source generation and delivery to a waterbody. Delivery factors are required by
Jordan Trading Rule Item 15A NCAC 02B .0273 (2)(d)(i) and the Nutrient Offset Payments Rule
Item 15A NCAC 02B .0240 (c)(6)(B). Delivery factors are referred to as transport factors in Session
Law 2009-216 (3)(d)(2)(e) and in 15A NCAC 02B .0271(3)(b)(i). Under the Jordan rules, the party
seeking to sell nutrient credits must account for differences in instream nutrient losses between the
location of the reduction need and excess loading reduction being delivered to the affected arm of
Jordan Lake. To comply with these requirements, parties such as bankers and the North Carolina
Division of Mitigation Services (formerly the Ecosystem Enhancement Program) who plan to sell
nutrient credits shall convert nutrient credits generated at the bank site to `delivered to lake', or
`delivered' reduction credits. Developers and other parties seeking to purchase nutrient credits shall
also convert their load reduction needs to `delivered' reduction needs.
Improved Science and Utility: As part of recent watershed modeling to support Existing
Development Stormwater rule implementation, revised delivery factors were produced for 152
small watersheds and were included as a product of the Lake B. Everett Jordan Watershed Model
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: 919-707-86001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
Report prepared by Tetra Tech, Inc. in July 2014. These revised delivery factors/zones are
considered more accurate than the existing factors because they were produced as outputs of the
latest watershed model that integrated more sophisticated routing processes, water quality data, and
calibration functions. To simplify this information for use by regulated parties, Division staff has
aggregated these factors into 10 or fewer delivery zones for each nutrient, varying by strategy
subwatersheds.
The attached maps Total Nitrogen Delivery Factors and Total Phosphorus Delivery Factors depict
them spatially. These maps and a GIS shapefile of this data are available online at:
http://portal.ncdenr.org/web/jordanlake. All 10 delivery zones for total nitrogen and total
phosphorus are represented in the Haw River subwatershed, while the Lower New Hope
subwatershed contains only one delivery zone. The Upper New Hope subwatershed contains two
delivery zones for total nitrogen and four delivery zones for total phosphorus. Tables 1 and 2 below
provide the updated delivery zones and associated delivery factors. Note that one feature of this
simplified scheme is that the nutrient delivery percentage is the same for a given zone number
across all three subwatersheds.
Table 1: Nitrogen Delivery Factors Table 2: Phosphorus Delivery Factors
Zone
Delivery Factor
Zone 1
21%
Zone 2
31%
Zone 3
45%
Zone 4
50%
Zone 5
62%
Zone 6
67%
Zone 7
75%
Zone 8
81%
Zone 9
89%
Zone 10
97%
Zone
Delivery Factor
Zone 1
18%
Zone 2
24%
Zone 3
38%
Zone 4
45%
Zone 5
55%
Zone 6
63%
Zone 7
71%
Zone 8
79%
Zone 9
89%
Zone 10
96%
Application of New Delivery Factors: Once these updated delivery factors become effective,
regulated parties will be required to use them for all applicable purposes under the Jordan Lake
Nutrient Management Strategy. These purposes include the following:
• Developers to calculate delivered load reduction needs
• Mitigation Bankers and DMS to calculate their available delivered load reduction credits
• Local Governments and associated parties to provide reduction for Existing
Development purposes
A project scenario is attached as an example to illustrate use of the delivery factors.
2
Cc: Rich Gannon
Pam Behm
Bradley Bennett
Tom Fransen
Mike Templeton
Karen Higgins
Cyndi Karoly
Jim Stanfill
Kelly Williams
Attachment: Example Scenario Using Updated Delivery Factors
The following example illustrates the use of delivery factors to determine a development's offsite
nitrogen reduction needs. The same process would be followed to calculate a development's offsite
phosphorus needs.
Example Scenario
A nutrient offset bank has created a nitrogen reduction credit of 100 lb/yr on-site, in accordance
with DWQ criteria, at a bank site located within the headwaters of the Cane Creek watershed in
Alamance County, NC (N Zone 9, P Zone 7). A 10 acre proposed development located in the City
of Greensboro's Buffalo Lake watershed (N Zone 7, P Zone 6) has met its on-site loading
requirements under the Jordan New Development stormwater rule but needs another 2.5 lb/ac/yr of
nitrogen reduction at the development site to fully satisfy the site loading targets of 38 lb N/ac/yr.
Both the development and the credit bank are located within the Haw River Arm of Jordan Lake.
The development proposes to purchase offsite credits from the bank. How many lb of delivered
credit will the bank have available and how many lb of credit will the developer need to purchase?
Nutrient Offset Bank: Cane Creek watershed in Alamance County
Nitrogen delivery factor (Table 1, NZone 9)): 89% delivered
Onsite N reduction credit available: 100 lb/yr
`Delivered' N credit available: 100 lb/yr x 0.89 = 89 lb/yr x 30 yrs = 2, 670 lb
Development Site: Buffalo Lake watershed in Greensboro (Guilford County)
Nitrogen delivery factor (Table 1, N Zone 7): 75% delivered
Onsite N reduction credit needed: 2.5 lb/ac/yr x 10 ac = 25 lb/yr
`Delivered' N credit needed: 25 x 0.75 = 18.75 lb/yr x 30 yrs = 563 lb
Results
The City of Greensboro will purchase 563 lb of `delivered' nitrogen reduction credits from the
Nutrient Offset Bank's available `delivered' reduction credits. The bank will then have 2,107 lb of
remaining `delivered' reduction credits available (2,670 lb — 563 lb/yr = 2,107 lb).
2
Total Nitrogen Delivery Factors Map Extent
Jordan Lake Watershed � ,ti5a Jeasburg
% Haw River
Pie Subwatershed 17
H II
olnut O 6 -
,� f
Timb erlake
Hurdle
5
Bele+vs s-��-�b' '�" Prospect III
Creek
Hill 1=,;
s
O 6
Rougemont
5 i O s
OO �.Itani ,i Cedar -
2 I Grove Bahama
86 =
Ot iter t501' Butne
S lr il!
G re SID �� Upper New Hope
O �`,:
[T7 Subwatershed !%
\ Jameaown O
8 O
HIGH PO I f 9 h am
r I � 2
T o U
-CARPBi ast
cdAPEL F;n r
I
Legend m 0i
Rivers Delivery Factors i ,_ Liberty O ;r+ r*ir
Jordan Lake Zone Delivery / ' 2261 k Irp0��
Subwatersheds Zone 1 21% Randleman + 10
��\yam\L-
Zone 2 31% d �`$�jley
Cary
Zone 3 50 % e 1 } 1
' _yrfinr�
N Zone 4 50% \r I Cedar �
�� 10
zones 62% \a Falls Frank linvjlle=:Z�_ � "'•
Zone 6 67% _ 1�dmseur
�" 'Cdet ,iiy = ; -t Jordan
Zone 75%Lake
Zone 8 81% �/ yl' S Ile CI'
S Zone 9 89% MunINA l "1) =r t
lilt
Zone 10 97% 1160 Sources: ESRI, NCGIA, TetraTech H01 I Y SPGS
42 Prepared By: AKD Lower New Hope
Miles July 2015 DWR r,1,. Subwatershed
0 2.5 5 10
Total Phosphorus Delivery Factors Map Extent
Jordan Lake Watershed �`Y t�5a J easburg
Haw River
H' ri Subwatershed 1 119 1 702
_ t '
oInut "2
vp f 3 5
3 Timb erlake
Hurdle
Belews O Prospect Mills
Creek
;Hill 1=
1. ;time O O Rouywnont
ummerfield .;
I -1
4 O O Car 6 6 Grove
ve "- Bahama
i 2 L� � O o ,; _
86 .5 01
1 O er Butte
- SCC
a n .ill _� Gi1;
O Efland-=_-_-- �
G s — �_ -- Upper New Hope
+ Subwatershed -�
0N. Jameaown O4 O
HIGH Po, fi , 0 ham
I?n
r
O j Oil O
10
O
Clic o
9 'CARRL m ash
TrinityO O CHyAPEL o �
Legend O m °
Rivers Delivery Factors 4 i Liberty Raleigh i
Jordan Lake Zone Delivery 2261 Y Thti rp0
CSSubwatersheds Zone 1 18% Randleman \ O I 61ort vill?
Zone 24% d ley a r
Zone 3 38% ( �� 10
1
N Zone 4 45% ,`re I Cedar
Zones 55% �\' Falls
� Franklinvllle�_ -.I
W,+
e zones 63% �iiamseur Siler Cit Jordan _ -A X --y
Zone 7 71% ��` ' Lake -
Zone 79% SIIeK
S\
Zone 89% Munlµllrl)'tt sill
Zone 10 96% 1100 Sources: ESRI, NCGIA, TetraTech C L L Y S R S
42 Prepared By: AKD I Lower New Hope
Miles July 2015 DWR ra > r- Subwatershed
0 2.5 5 10
1*
w3r�r
9
s'
M11,
001
a is A pw
Za
VNV IP
V. Tr
A
1%A 111005
331