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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. 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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