HomeMy WebLinkAbout20160225 Ver 2_Final BPDP for PN_20180611Bank Parcel Development Package
South Fork Nutrient Offset and Buffer Mitigation Bank Parcel
Haw River Subwatershed of the Jordan Lake Watershed
DWR #2016-0225v2
June 2018
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WILDLANDS
E N G I N E E R I N G
PREPARED BY:
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Phone: (704) 332-7754
Fax: (704) 332-3306
Bank Parcel Development Package
South Fork Nutrient Offset and Buffer Mitigation Bank Parcel
Haw River Subwatershed of the Jordan Lake Watershed
DWR #2016-0225v2
TABLE OF CONTENTS
1.0
Project Location and Description......................................................................................................1
1.1
Introduction..................................................................................................................................1
2.0
Project Area - Existing Conditions.....................................................................................................2
2.1
Parcel Features..............................................................................................................................2
2.2
Parcel Soils....................................................................................................................................3
2.3
Existing Vegetative Communities.................................................................................................3
2.4
Threatened and Endangered Species...........................................................................................4
2.5
Cultural Resources........................................................................................................................4
3.0
Riparian Restoration, Enhancement and Preservation Plan.............................................................4
3.1
Parcel Preparation........................................................................................................................5
3.2
Riparian Area Restoration Activities.............................................................................................
5
3.3
Riparian Area Enhancement Activities..........................................................................................6
3.4
Riparian Area Preservation Activities............................................................................................6
4.0
Monitoring and Maintenance Plan...................................................................................................6
4.1
Monitoring Protocol......................................................................................................................6
4.2
Parcel Maintenance......................................................................................................................7
4.3
Easement Boundaries and Fencing...............................................................................................7
4.4
Ownership and Long -Term Management.....................................................................................7
5.0
Financial Assurance...........................................................................................................................8
6.0
Mitigation Potential..........................................................................................................................8
7.0
References......................................................................................................................................10
FIGURES
Figure 1 Service Area Map
Figure 2 Vicinity Map
Figure 3 Site Map
Figure 4 Soils Map
Figure 5 Buffer Mitigation Credit Determination Map
Figure 6 Riparian Zone Map
Figure 7 Monitoring Features Map
APPENDIX
NC Division of Water Resources Site Viability for Buffer Mitigation and Nutrient Offset Letter — August
16, 2017
NC Division of Water Resources On -Site Determination for Applicability to the Jordan Buffer Rules and
Water Quality Standards — August 15, 2017
Historical Aerial Photographs
Parcel Photo Log
United States Fish and Wildlife Service Letter (USFWS)—July 22, 2016
State Historic Preservation Office (SHPO)—July 1, 2016
EDR Summary Report
Figures 3.0 and 3.1 from South Fork Site Stream Mitigation Plan Sheets (Planting Plan)
Bank Parcel Development Package
South Fork Nutrient Offset and Buffer Mitigation Bank Parcel
Jordan Lake Watershed in the Cape Fear River Basin
The South Fork Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel") is proposed under the terms
and conditions of the Cane Creek Nutrient Offset and Buffer Umbrella Mitigation Banking Instrument
(UMBI), made and entered into by Wildlands Holdings IV, LLC, acting as Bank Sponsor (Sponsor), and the
North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR). The
Parcel shall be planned and designed according to the UMBI, 15A NCAC 02B .0240, and the Consolidated
Buffer Mitigation Rule 15A NCAC 0213.0295 which became effective on November 1, 2015. The BPDP has
also been designed in concurrence with the Cane Creek Stream and Wetland Umbrella Mitigation Bank
(SAW# 2016-00219). The Mitigation Plan for the South Fork Stream and Wetland Mitigation Site has
been submitted to the Interagency Review Team.
The project encompasses land along unnamed tributaries to South Fork Cane Creek in Chatham County,
NC. The primary purpose of the Bank is to provide riparian buffer mitigation credits to compensate for
unavoidable buffer impacts in the 03030002 Hydrologic Unit Code (HUC) of the Cape Fear River Basin,
within the Haw River Sub -watershed of the Jordan Lake Watershed. The Bank may also provide nutrient
offset credits for stormwater requirements with new and existing development requiring nutrient
offsets within the Haw River Sub -watershed of the Jordan Lake Watershed. The bank service area is
depicted in Figure 1.
1.0 Project Location and Description
1.1 Introduction
This Parcel is being proposed to provide stream and wetland mitigation through the creation of a Stream
and Wetland Mitigation Bank Site on unnamed tributaries to South Fork Cane Creek as well as nutrient
offset and buffer mitigation through the creation of a Buffer & Nutrient Offset Bank. Riparian
restoration activities deemed suitable for riparian buffer mitigation will generate 217,800 ft2 riparian
buffer mitigation credits. Riparian restoration activities deemed suitable for nutrient offsets on this
Parcel could generate 2,249.36 lbs. -Nitrogen per acre and 143.81 lbs. -Phosphorus per acre (with a
delivery factor of 71% and 67% respectively) if converted from riparian buffer mitigation credits.
For purposes of the South Fork Buffer and Nutrient Offset Bank, the Parcel involves restoring riparian
buffers and other riparian areas adjacent to mitigated streams onsite in order to help reduce non -point
source contaminant discharges to downstream waters in the Jordan Lake Watershed within the Cape
Fear River Basin. Approximately 18.13 acres will be protected with a permanent conservation easement.
Out of the 18.13 acres, 15.30 acres will be mitigated to generate Jordan Lake riparian buffer credit. Out
of the 15.30 acres, 5.21 acres qualify for either riparian buffer mitigation credit or nutrient offset credit,
but not both. In general, riparian areas that are restored, enhanced or preserved for buffer credits, will
be a minimum of 30 feet from the top of stream banks and out to a maximum of 100 feet. Riparian
areas that are restored on land currently in agriculture and are proposed to generate nutrient offset
credits, will have a minimum width of 50 feet from the top of stream banks and will extend a maximum
of 100 feet where available.
South Fork Mitigation Site
HUC 03030002 — BPDP
The NC Division of Water Resources (DWR) performed an onsite Site Viability for Buffer Mitigation and
Nutrient Offset on August 9, 2017. The correspondence related to the site visit is attached in the
Appendix and dated April 15 and 16, 2017.
1.2 Parcel Location
The Cane Creek Umbrella Mitigation Bank Sites are located in Chatham and Alamance County near the
Town of Snow Camp, NC. The site described in this bank parcel development plan is the South Fork Bank
Parcel (36° 10' 9.48" N and 78° 55'49.44" W) which is located in Chatham County within the Cape Fear
River Basin Hydrologic Unit 03030002050050 (Cane Creek) and the North Carolina Division of Water
Resources (NCDWR) Subbasin 03-06-04 (Figure 2).
From Raleigh, take US -64 West to the exit for NC -87 N. Continue north on NC -87 for 1.8 miles and turn
left onto Silk Hope Gum Spring Road. Continue on Silk Hope Gum Spring Road for 8.1 miles. Turn right
onto Silk Hope -Lindley Mill Road and continue for 2.9 miles. Turn left onto Moon Lindley Road and
continue for 1.3 miles. Turn left onto Johnny Lindley Road and continue for 0.7 miles to 1727 Johnny
Lindley Road, Snow Camp, NC (Figure 2).
2.0 Project Area - Existing Conditions
2.1 Parcel Features
The project includes restoring riparian areas along four unnamed tributaries to South Fork Cane Creek,
as shown on Figure 3 and listed in Table 1.
Table 1. Project Features Descriptions — South Fork BPDP
Feature Name**
Feature ID from
DWR Assessments
Stream Type
Buffer Credit
Viable
Nutrient Offset
Viable
SF4A
SF
Perennial
Yes
Yes*
UT1
UT1
Intermittent
Yes
Yes
UT2
UT2
Intermittent/Perennial
Yes
Yes
UT4
UT4
Perennial
Yes
Yes*
* Nutrient Offset is viable in non forested pasture areas only
** No credits are being requested on UT3 and UT5 referenced in DWR correspondence.
Subjectivity calls for the features were determined by DWR in correspondence dated August 15, 2017
using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed
version of the soil survey map prepared by NRCS. SF4A, UT1 and UT2 were determined to be subject to
the Jordan Lake Buffer Protection Rule 15A NCAC 02B .0267. UT4 is not subject to the Jordan Lake Buffer
Protection Rules.
The results documented in the Site Viability Letter from DWR dated April 16, 2017 indicated that SF4A,
UTI, UT2 and UT4 are viable for riparian restoration and suitable for buffer mitigation. SF4A, UTI, UT2,
and UT4 are also viable for nutrient offset credits in non -forested pasture areas. These areas are
currently being restored for riparian buffer credit, but may be converted to nutrient offset credit
pursuant to 15A NCAC 02B .0295 and the MBI. Written approval must be granted by DWR prior to any
conversion and transfer of credits.
Photos showing historic site conditions and current site conditions (as of August 2017) of the Parcel are
provided in the appendix. Site conditions have not changed since the DWR 2017 viability letter and
August 2017 site photos.
South Fork Mitigation Site
HUC 03030002 — BPDP
2.2 Parcel Soils
The largely forested watersheds with low rolling topography result in relatively low sediment supply.
The bed material in the streams on this site is small to medium gravel and sand that is derived from
highly weathered parent material.
Soil mapping units are based on the U.S. Department of Agriculture (USDA) Natural Resources
Conservation Service (NRCS) Soil Survey for Chatham County. Soil types within the study area were
mapped with the NRCS Web Soil Survey and are described below in Table 2. The South Fork project area
is dominated by Chewacla loams. This soil frequently floods and is poorly drained, resulting in frequent
occurrence of wetlands. The 1937 Soils Survey Map is provided in Figure 4.
Table 2: Project Soil Types and Descriptions — South Fork BPDP
Soil Name
Location
Description
Chewacla and Wehadkee soils consist of nearly level,
Chewacla and
Mapped along the floodplain of
very deep, poorly and somewhat poorly drained soils.
Weehadkee soils,
SF4A, UT1, UT2, UT3, UT4, UT5,
These are typically floodplain areas. They have a loamy
ChA
EC1 and EC2.
surface layer and subsoil. Permeability is moderate and
shrink -swell potential is low. These soils are subject to
frequent flooding.
Nanford-Baldin complex soils are gently sloping to steep
Nanford-Badin
Mapped along the floodplain of
uplands. They are moderately deep to deep, well -
complex, NaB
UT2.
drained soils. The surface layer and subsoil are silt loam.
Permeability is moderate and shrink -swell potential is
low to moderate.
Nanford-Baldin complex soils are gently sloping to steep
Nanford-Badin
Mapped along the floodplain of
uplands. They are moderately deep to deep, well -
complex, NaC
UT1, UT2, UT4, EC1, and EC2.
drained soils. The surface layer and subsoil are silt loam.
Permeability is moderate and shrink -swell potential is
low to moderate.
Cid and Lignum soils series are gently sloping,
Cid-Lignum
Mapped at upstream extent of
moderately deep, moderately well -drained soils. They
complex, CmB
UT2.
are often found in uplands. The surface layer and
subsoil are silt loam. Permeability is slow and shrink -
swell potential is moderate.
Goldston-badin soils are found on hillslopes and ridges.
Goldston-Badin
Mapped along right floodplain of
They are shallow to moderately -deep, well -drained
complex, GoC
UT2.
soils. The surface layer and subsoil are silt loam.
Permeability is moderate to moderately rapid and
shrink -swell potential is low to moderate.
Source: Chatham County Soil Survey, USDA-NRCS, http://efotg.nres.usda.gov
2.3 Existing Vegetative Communities
The cattle pastures on the site are dominated by fescue grasses (Festuca spp.) and broomsedge
(Andropogon virginicus). Much of the riparian areas on the site are wooded; however, cattle have
access to all of the streams except the downstream portion of SF4A, as noted in the DWR Site Viability
letter. Vegetation in the wooded areas is primarily hardwood species including white oak (Quercus alba),
red oak (Quercus rubra), willow oak (Quercus phellos), tulip poplar (Liriodendron tulipifera), sweetgum
(Liquidambar styraciflua), red maple (Acer rubrum), southern red oak (Quercus falcata), and American
elm (Ulmus americana). Vegetation within the riparian areas along the right bank of SF4A, as noted in
South Fork Mitigation Site
HUC 03030002 — BPDP
the DWR Site Viability letter, lack a healthy diverse understory and therefore require supplemental
plantings to be viable for generating buffer credits.
2.4 Threatened and Endangered Species
Wildlands utilized the US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NHP)
databases to search for federally listed threatened and endangered plant and animal species in Chatham
County, NC. Two animal and one plant species identified as threatened or endangered are currently
listed in Chatham County (Table 3).
Table 3: Listed Threatened and Endangered Species in Durham County, NC — South Fork BPDP
Species
Federal Status
Common Name
Scientific Name
Red -cockaded woodpecker
Picoides borealis
Endangered
Cape Fear shiner
Notropis mekistocholas
Endangered
Harperella
Ptilimnium nodosum
Endangered
A letter was sent to the USFWS on April 1, 2016, requesting a review of the project and comment on
potential effects on endangered species or other resources. The USFWS responded on July 22, 2016, and
stated the "proposed action is not likely to adversely affect any federally listed endangered or
threatened species, their formally designated critical habitat or species currently proposed for listing
under the Act..." USFWS also stated a concern for potential sediment loss during the stream and
wetland mitigation construction period. These concerns are addressed in Section 3.0 below. All
correspondence with USFWS is included in Appendix 5. A pedestrian survey of the project area was
performed on November 7, 2016. No suitable habitat and/or individually federally listed species were
identified in the project area.
2.5 Cultural Resources
The site is not located near any sites listed on the National Register with the State Historic Preservation
Office (SHPO). A letter was sent to the SHPO on April 1, 2016, requesting a review of the project and
comment on potential effects on archeological and cultural resources. SHPO responded on July 1, 2016
stating that they are not aware of any historic resources that would be affected by the project.
2.6 Environmental Issues
An EDR Radius Map Report with Geocheck was ordered for the Parcel through Environmental Data
Resources, Inc. on April 7, 2016. The target property and the adjacent properties are not listed in any of
the Federal, State, or Tribal environmental databases searched by EDR. There were no known or
potential hazardous waste sites identified within one mile of the Parcel. The Executive Summary of the
EDR report is included in the Appendix.
3.0 Riparian Restoration, Enhancement and Preservation Plan
Developing the Parcel for mitigation will require converting existing agriculture land use practices
adjacent to streams into riparian forest. The mitigated riparian areas, which includes the 50 -foot -wide
Jordan Lake riparian buffers, will involve replanting appropriate native tree species along the project
corridors. Vegetation management and herbicide applications may be needed during the first year of
tree establishment in the restoration areas to prevent establishment of invasive species that could out
South Fork Mitigation Site
HUC 03030002 — BPDP 4
compete the planted native species. More detailed descriptions of the proposed restoration activity
follow in Sections 3.1-3.4 and are shown on Figure 5.
This site is also being proposed as a stream and wetland mitigation bank; therefore, restoration of
riparian areas will be accomplished through the goals and methods outlined by the Cane Creek Umbrella
Mitigation Banking Instrument — South Fork Stream Mitigation Plan (USACE # 2016-00219) and the
South Fork Riparian Buffer & Nutrient Offset Mitigation Banking Instrument. All applicable federal,
state, and local documentation, permits, and/or authorizations will be acquired as part of implementing
the above-mentioned mitigation plan and will be provided to DWR as part of the As Built Report
including Section 401, Section 404 and Sediment and Erosion Control permits.
All riparian restoration activities will commence in concurrence with the stream mitigation activities and
not before. Therefore, the mitigation area where riparian restoration is being performed may be altered
slightly depending on the implementation of the South Fork Stream Mitigation Plan for the Cane Creek
Umbrella Mitigation Bank.
3.1 Parcel Preparation
The current land uses adjacent to the streams proposed for buffer restoration are primarily non -
forested crops. Areas slated for buffer restoration will require site preparation that will include select
herbicide treatments or limited mechanical clearing to remove undesirable underbrush or invasive
species. Diffuse flow will be maintained in the buffers.
3.2 Riparian Area Restoration Activities
The revegetation plan for the entire buffer restoration area will include permanent seeding, planting
bare root trees, live stakes, and herbaceous plugs and controlling invasive species growth. The specific
species composition to be planted was selected based on the community type, observation of
occurrence of species in riparian buffers adjacent to the Site, and best professional judgement on
species establishment and anticipated Site conditions in the early years following project
implementation. Species chosen for the planting plan are listed on Sheet 2.0 of the preliminary stream
mitigation design plans located in the Appendix and in Table 4. The plans also contain information on
planting zones on Sheets 2.1.
Table 4: Selected Tree Species Appropriate for Buffer Restoration — South Fork BPDP
Species
Common Name
Ulmus americana
American Elm
Celtis occidentalis
Hackberry
Quercus pagoda
Cherrybark Oak
Liriodendron tulipifera
Tulip Poplar
Quercus phellos
Willow Oak
Plantus occidentalis
Sycamore
Betula nigra
River Birch
Quercus michauxii
Swamp Chestnut Oak
Fraxinus pennsylvanica
Green Ash
South Fork Mitigation Site
HUC 03030002 — BPDP
Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A
NCAC 02B .0295 of 260 trees per acre at the end of five years. No one tree species will be greater than
50% of the established stems. An appropriate seed mix will also be applied to provide temporary
ground cover for soil stabilization and reduction of sediment loss during rain events in areas disturbed
by stream construction, as necessary. This will be followed by an appropriate permanent seed mixture.
3.3 Riparian Area Enhancement Activities
The revegetation plan for the buffer enhancement areas under NCAC 02B .0295(n) will include planting
supplemental bare root trees and controlling invasive species growth. The tree species to be planted
are listed in Table 4.
For buffer enhancement areas under NCAC 02B .0295(o), cattle exclusion, planting isn't anticipated to
be needed except where required in the stream mitigation plan. A seed mix will be applied where cattle
have caused bare soils and removed all vegetation and cattle will be fenced out of the easement area.
The proposed fencing boundary is shown on Figure 5.
3.4 Riparian Area Preservation Activities
There will be no parcel preparation work done in the buffer preservation areas, as allowed under 15A
NCAC 02B .0295(o). The preservation area will be protected in perpetuity under a conservation
easement.
Site preparation and planting on the restoration and enhancement areas is scheduled to begin in
January 2019.
4.0 Monitoring and Maintenance Plan
4.1 Monitoring Protocol
Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration
and/or nutrient offset areas to measure the survival of the planted trees. There may be additional plots
within the riparian buffer that are measuring the success of the riparian areas as part of the stream and
wetland mitigation bank, but only the plots measuring the success of the riparian buffer credit will be
provided in the monitoring reports. The plots will be randomly placed throughout the planted riparian
areas and will be representative of the entire top of bank back one -hundred feet, more or less.
A total of 5 plots will be established within the buffer restoration credit generation area (Figure 7). The
number of monitoring quadrants required is based on the USACE Wilmington District monitoring
guidance documents. The size of individual quadrants will be 100 square meters for woody tree species.
Vegetation assessments will be conducted following the Carolina Vegetation Survey (CVS) Level 2
Protocol for Recording Vegetation (2008). A reference photo will be taken from the southwestern corner
of each of the 5 plots. Photos will be taken from all photo points each monitoring year and provided in
the annual reports. All planted stems will be marked with flagging tape and recorded.
Planting is scheduled for January 2019. The first annual monitoring activities will commence at the end
of the first growing season, at least five months after planting has been completed and no earlier than
the fall season. Species composition, height, and survival rates will be evaluated on an annual basis by
plot. The total number of volunteer woody stems will also be documented and reported. The measures
of vegetative success for the Parcel will be the survival of at least 4 native hardwood tree species, where
no one species is greater than 50% of the established stems, established at a density of at least 260
South Fork Mitigation Site
HUC 03030002 — BPDP
planted trees per acre at the end of Year 5. Appropriate native volunteer species may be included to
meet the performance standards with DWR approval.
A visual assessment of the cattle exclusion and preservation areas within the conservation easement will
also be performed each year to confirm:
• Fencing is in good condition throughout the site;
• no cattle access within the conservation easement area;
• no encroachment has occurred;
• diffuse flow is being maintained in the conservations easement area; and
• there has not been any cutting, clearing, filling, grading, or similar activities that would
negatively affect the functioning of the buffer.
Any issues identified during the visual assessment of the cattle exclusion and preservation areas will be
photographed and mapped as part of the annual monitoring report with remedial efforts proposed or
documented. The Sponsor shall submit the annual monitoring report to DWR by December 31St of each
year for five consecutive years and will follow the terms and conditions of the MBI.
4.2 Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions will be implemented in the event
that the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in
Section 4.1. Site maintenance will be performed to correct any identified problems on the Parcel that
have a high likelihood of affecting project success. Such items include, but are not limited to, excess tree
mortality caused by fire, flooding, drought, or insects. Any actions implemented will be designed to
achieve the success criteria and will include a work schedule and updated monitoring criteria. Any parcel
maintenance performed will be included in the monitoring report for that year. A rigorous herbicide
schedule will need to be implemented in the first few years of tree establishment in the restoration
areas to prevent establishment of invasive species that may attempt to out -compete the planted native
vegetation. The only herbicides used on the Parcel will be aquatic approved herbicides that will be
applied in accordance with North Carolina Department of Agriculture rules and regulations. The
easement boundary will be checked annually as part of monitoring activities and the conditions as well
as any maintenance performed will be reported in the annual monitoring reports to NC DWR.
If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive
approval by the DWR prior to any mowing activities within Zone 1 and Zone 2 of the Jordan Lake buffers
to ensure that no buffer violations have occurred.
4.3 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree -blazing, or other
means as allowed by site conditions and/or conservation easement. Boundary markers disturbed,
damaged, or destroyed will be repaired and/or replaced on an as needed basis. Contact information for
the long-term steward will be provided on boundary markers throughout the site.
4.4 Ownership and Long -Term Management
The Site will remain in private ownership, protected in its entirety, and managed under the terms
detailed in the conservation easement. Unique Places to Save (UP2Save) will serve as the Grantee and
long-term manager and will be the party responsible for long-term management.
South Fork Mitigation Site
HUC 03030002 — BPDP
UP2Save is a 501c3 non-profit organization that is committed to land conservation through sustainable
planning and management. UP2Save has the ability, both logistically and financially, to monitor and
enforce the provisions of the conservation easement and long-term management plan. The organization
operates in a sustainable manner to facilitate operations well into the future. UP2Save has been
approved to serve as the easement holder and long-term manager on several mitigation banks in North
Carolina.
5.0 Financial Assurance
Following approval of the South Fork BPDP, the Sponsor shall provide a Performance Bond from a surety
that is rated no less than an "A-" as rated by A.M. Best. The Performance Bond amount shall be 100% of
the estimated cost for implementation of the project as described in the BPDP, but not less than
$150,000.00. In lieu of posting the performance bond, the Sponsor may elect to construct the project
prior to the first credit release. In that case no performance bond will be necessary.
After completion of the restoration/construction, a separate Performance/Maintenance Bond will be
secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less
than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring
period for a term of one year, to be extended annually for a minimum of five years. Upon DWR
approval, this may be lowered each year based on the adjusted cost to complete the monitoring.
Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with
confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR
reserves the right to alter the credit release schedule if monitoring reports are submitted without proof
of bond renewals when applicable.
Financial assurances provided in this section must be separate from the financial assurances provided as
part of the Stream and Wetland Mitigation Bank.
6.0 Mitigation Potential
Approximately 18.13 acres will be protected with a permanent conservation easement. Out of the 18.13
acres, a total of 15.30 acres of riparian areas will be mitigated to generate Jordan Lake riparian buffer
credit or nutrient offset credit. Out of those 15.30 acres, 5.48 acres will be restored, 8.84 acres will be
enhanced by permanently excluding livestock and stabilizing soils, 0.52 acres will be enhanced through
supplemental plantings, and 0.46 acres will be preserved (Figure 5). Of the 5.48 acres that are restored,
5.21 acres are suitable for either buffer credit or nutrient offset credit. The 5.21 acres of restoration will
be at least a minimum of 50 feet from the top of stream bank and are in agriculture (Figure 5). Riparian
zones are depicted in Figure 6.
The Sponsor will maintain up to four (4) credit ledgers. One to account for buffer preservation and
enhancement (via cattle exclusion) credits, one to account for buffer restoration and enhancement
credits (under Rule 15 NCAC 2B .0295(n)) , one to account for Nitrogen nutrient offset credits, and one
to account for Phosphorus nutrient offset credits. All buffer ledgers will report credits in both square
feet and acres and nutrient offsets in both pounds and acres. Nutrient offset ledgers must also show
both generated credits and delivered credits. Overall credit generation by drainage feature is detailed in
Table 5. The total credit generation is summarized in Tables 6a and 6b and visually represented in Figure
5. The Sponsor must request and receive approval from DWR prior to any credit conversions and
transfers to the credit ledgers. With each conversion and transfer request submitted to the DWR, the
Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the
date of the request. Buffer preservation and enhancement credits (via cattle exclusion) from this Bank
cannot be converted into Nutrient offset credits. The credit release schedule is shown in Table 7.
South Fork Mitigation Site
HUC 03030002 — BPDP
Table 5. Mitigation Activities by Drainage Feature - South Fork BPDP
Table 6a: Riparian Buffer Credit Generation Summary - South Fork BPDP
Mitigation
Riparian
Riparian
Riparian
Credit
% of Full
Credited
Mitigation
Riparian
Enhancement
Enhancement
Riparian
o
%
Feature Name
D Feature
Restoration
Cattle Exclusion
(Acre)
Preservation
Total
of
Reference
(Acre)
(Acre)
Zone A:
(Acre)
Top of Bank -
Area
o
Top of Bank -100'
Top of
Top of Bank -100'
Top of Bank -100'
100'
Bank - a
Riparian
SF4A
SF
2.73
6.1
0.52
0.46
64.1%
UTI
UT1
0.38
0.78
0
0
7.8%
UT2
UT2
2.37
0
0
0
15.4%
UT4
UT4
0
1.96
0
0
12.7%
Total acreage mitigated
5.48
8.84
0.52
0.46
15.40
Zone A:
Total Area
35.8%
57.8%
3.4%
3.0%
100%
Table 6a: Riparian Buffer Credit Generation Summary - South Fork BPDP
Mitigation
Riparian
Credit
Total
Credit
% of Full
Credited
Mitigation
Type*
FeIDure
Widths**
Type
Acreage
Ratio
Credit
Acreage*
Credits
Zone A:
o
Top of
SF4A UT1
Bank - a
Riparian
0.27
1:1
100%
0.27
11 761.20 ft2
&UT2
minimum
Buffer
'
of 30' (but
<50')
o
Zone A:
Riparian
Top of
7.39
2:1
o
100/
3.70
161,172.00 ft 2
E u
Bank -50'
Buffer
u w
SF4A, UT1,
v
ro
& UT4
Zone B:
Riparian
1.45
2:1
o
100/
0.73
31,798.80 ft 2
C:
LU U
51-100'
Buffer
Zone A:
Top of
Riparian
0.40
2:1
100%
0.20
8,712 ft2
Buffer
C)
SF4A
Bank -50'
c
Zone B:
Riparian
0.12
2:1
100%
0.06
2,613.60 ft2
LU
51-100'
Buffer
Zone A:
Riparian
Top of
0.32
10:1
100%
0.03
1,306.80 ft2
L
SF4A
Bank -50'
Buffer
Zone B:
Riparian
0.14
10:1
100%
0.01
435.60 ft2
51-100'
Buffer
Total Riparian Buffer Restoration Credits
11,761.20 ft2
Total Riparian Buffer Enhancement - Cattle Exclusion Credits
192,970.80 ft2
Total Riparian Buffer Enhancement Credits
11,325.60 ft2
Total Riparian Buffer Preservation Credits
1742.40 ft2
Total Riparian Buffer Credits
217,800 ft2
*The area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5).
South Fork Mitigation Site
HUC 03030002 - BPDP
Table 6b. Nutrient Offset Credit Generation Summary"
Riparian
Project Milestone
% Credit Available
Generated
for Sale
Instrument and BPDP Approved by DWR, Conservation Easement
1
Mitigation
Total
Generated
Delivery
Delivered
Width from
Credit Type
3
Monitoring Financial Assurance Posted and Approval of As -Built Report
Credits per
Monitoring Report #1: Approved by the DWR & financial assurance
4
renewed
Type
Acreage
Monitoring Report #2: Approved by the DWR & financial assurance
Credits
Factor
Credits
TOB
Monitoring Report #3: Approved by the DWR & financial assurance
Acre
renewed
10
Zone A: Top
7
approved by DWR
5
No remaining credits will be released until the conservation easement has been assigned to an
approved land trust or stewardship
Monitoring Report #4: Approved by the DWR & financial assurance
3.53
8
7,940.24 lbs.
5
5,637.57 lbs.
of Bank — 50'
Nitrogen
9
has been conducted
2 249.36
71%
100%
Zone B:
lbs.
1.68
3778.92 lbs.
2,683.03 lbs.
51-100'
Riparian
Restoration
Zone A: Top
3.53
507.65 lbs.
340.13 lbs.
of Bank -50'
Phosphorus
143.81 lbs.
67%
Zone B:
1.68
241.60lbs
161.87 lbs.
51-100'
Total Nitrogen Credits
8,320.60 lbs.
Total Phosphorus Credits
502 lbs.
Table 7 - Credit Release Schedule — South Fork BPDP
Task
Project Milestone
% Credit Available
for Sale
Instrument and BPDP Approved by DWR, Conservation Easement
1
Recorded and Financial Assurance Posted
20
Mitigation Site Earthwork, Planting and Installation of Monitoring Devices
2
Completed
20
3
Monitoring Financial Assurance Posted and Approval of As -Built Report
10
Monitoring Report #1: Approved by the DWR & financial assurance
4
renewed
10
Monitoring Report #2: Approved by the DWR & financial assurance
5
renewed
10
Monitoring Report #3: Approved by the DWR & financial assurance
6
renewed
10
Item B(1) of Section X in this Instrument has been completed and
7
approved by DWR
5
No remaining credits will be released until the conservation easement has been assigned to an
approved land trust or stewardship
Monitoring Report #4: Approved by the DWR & financial assurance
8
renewed
5
Monitoring Report #5: Approved by the DWR and final site visit by DWR
9
has been conducted
10
Total
100%
7.0 References
USDA, Soil Conservation Service, 1937. Soil Survey of Chatham County.
USDA, Soil Conservation Service, 2015. Soil Survey of Chatham County.
South Fork Mitigation Site
HUC 03030002 — BPDP 10
FIGURES
I
I
i
r
~ L3a,
I
r
High Point
i
I
I
r
I
f
r
I
r
I
i
1 i
[-11 County Boundaries
I`,ursl
0 HUC 03030002
----- -----~---�-- Jordan Lake Sub -Watersheds ,
1
I'I Ir Service Area - Riparian Buffer and Nutrient Offset Credits
South Fork Mitigation Bank Parcel Location
n' I
I
I
Yanceyvilc
R�rdsville
� r
j i I
I i �
I I
1
I I
I
---._.—_------- —_--moi-----------;
I
I
r i
I
P I
f II:
r
f
Hillsborough i `^
Li
Haw River Arm
03030002 r
witv, WILDLANDS
ENGINEERING
I�..rp,�-tllldl
Upper New Hope r,
11
d, r It, � � Lower Nel Hope
13• •11. ,._I I
I
~>Lr�
-
I , r u�ru.ry'.•'.u[
1
r Raw n
1r 144�1&
d stale Par,
i
•ryL
L l l l i no
�1
1r
0 5 10 Miles
I I I I I
Figure 1 Service Area Map
South Fork Mitigation Bank Parcel
Bank Parcel Development Package
Cape Fear River Bain 03030002
Chatham County, NC
Chile U", Bmkmr Springs
Fftea Ra
— - a
� c
6;4 4
Hp
� 1'I
ty.
'err
C,—k
H;c=
ca
WILDLANDS
ENGINEERING
+Nrtr Lirown �
�Southrk Bank Parcel Location
Figure 2 Vicinity Map
South Fork Mitigation Bank Parcel
0 0.375 0.75 Miles Bank Parcel Development Package
I i i i I Cape Fear River Basin 03030002
Chatham County, NC
-am�'
klo
(77'
14 e Pholby
n
Conservation Easement (18.13 ac)
Soil Survey of Chatham County, NC - 1937 .
0
Y.:
Figure 4 Soils Map
W I L D L A N D S 0 375 750 Feet South FOrk Mitigation Bank Parcel
ENGINEERING Bank Parcel Development Plan
Y Y Y I Cape Fear River Basin 03030002
Chatham County, NC
Figure 5 Buffer Credit Determination Map
South Fork Mitigation Bank Parcel
W I L D L A N D S 0 175 350 Feet Bank Parcel Development Plan
ENGINEERING
Cape Fear River Basin 03030002
Chatham County, NC
sr
CountyChatham
Vin' I >a�ie4
Conservation
Stream Mitigation (1.85 ac)
.is
1' Buffer Width
1' Buffer Width'♦
■
11' Buffer Width
1
Alwl
Ail
i ♦
♦ �,
i
i
■
i 7
■
9 �
40
i
.4
14 Aerial Photography
f,
Chatham County Parcels
Conservation Easement (18.13 ac)
�V
- Stream Mitigation (1.85 ac)
Buffer Restoration (5.48 ac) \
Cattle Exclusion (8.84 ac) / }+/
Buffer Enhancement (0.52 ac)
Buffer Preservation (0.46 ac)
No Credit (0.98 ac),
Proposed Vegetation Plots 35'
x — x — Proposed Fencing T\
+�
+
k \ kk + '
I ❑I
+�y
X n
X X
X
+J +/
j T
+ ❑ i
i/
+ ti50
$0
k jk�
30' Internal Easement Crossing \ "
L u
y + 30
Figure 7 Monitoring Features Map
South Fork Mitigation Bank Parcel
W I L D L A N D S 0 175 350 Feet ,Ak*A Bank Parcel Development Plan
ENGINEERING I I I I I
tz Cape Fear River Basin 03030002
IN Chatham County, NC
APPENDIX
Water Resources
ENVIRONMENTAL QUALITY
August 16, 2017
Andrea Eckardt
Wildlands Engineering, Inc.
1430 S. Mint Street
Charlotte, NC 28210
(via electronic mail: aeckardt@wildlandseng.com)
ROY COOPER
Goverrra,
MICHAEL S. REGAN
sec, eta„
S. JAY ZIMMERMAN
Re: Site Viability for Buffer Mitigation & Nutrient Offset — South Fork Mitigation Site
Near 1402 Johnny Lindley Road, Pittsboro, NC
Chatham County
Dear Ms. Eckardt,
On May 25, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Wildlands Engineering Inc. (WEI) for a site visit near the above -referenced site in the Haw
River Subwatershed of Jordan Lake. The site visit was to determine the potential for riparian buffer
mitigation and nutrient offset. On August 9, 2017, Ms. Merritt performed a site assessment of the
subject site, which is more accurately shown in the attached map labeled "South Fork Site Map".
This site is also being proposed as a stream restoration site by WEI.
Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian
areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to
200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective
November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
1Subied
Riparian Land uses of
Buffer
2Nutrient
Mitigation Type Determination w/in riparian
Feature onsite
0-200'
areas
ID
to Buffer
Credit
Viable
Offset Viable
Rule
at 2.249.36
lbs -N acre
UT -1
Stream
Yes
Mix of forested & non-
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
forested Pasture grazed
forested
NCAC 026 .0295 (n)
by cattle
pasture only)
Forested pasture - Enhancement Site per 15A
NCAC 02B .0295 (o)(6)
UT -2
Stream
Yes
Open pasture grazed by
Yes
Yes
Restoration site per 15A NCAC 02B .0295 (n)
cattle
UT -3
Not
Not
N/A
N/A
N/A
Feature unsafe to access. Can be evaluated if
evaluated
evaluated
needed after cattle -exclusion fencing is
installed.
EC -1
Not present
N/A
N/A
N/A
N/A
N/A
onsite
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
South Fork Mitigation Site
Wildlands Engineering, Inc.
August 16, 2017
Feature
Classification
'Subiect
Riparian Land uses of
Buffer
ZNutrient
Mitigation Type Determination w/in riparian
Feature onsite
areas
ID
to Buffer
Credit
Offset Viable
Rule
at 2,249.36
0-200'
Viable
Ibs-N acre
UT -4
Stream
No
Mix of forested & non-
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
forested Pasture grazed
forested
NCAC 02B.0295 (o)(3)
by cattle
pasture only)
Forested pasture - Enhancement Site per 15A
NCAC 02B.0295 (o)(6)
SF
Stream
Yes
Mix of forested & non-
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
forested Pasture grazed
forested
NCAC 02B.0295 (n)
by cattle
pasture only)
Forested pasture - Enhancement Site per 15A
NCAC 02B.0295 (o)(6)
SF
Stream
Yes
Left Bank - Mature
Yes
Yes (in crop
Left Bank— Preservation Site per 15A NCAC 02B
(below
natural forest
field only)
.0295 (o)(5)
crossing
— see
Right Bank —full
Right Bank (inside treeline) — Enhancement Site
map)
canopy, no understory
per 15A NCAC 02B .0295 (n); needs understory
of shrubs or trees,
enhancement with some shrubs added
dense layer of
microstegium; row crop
Crop Field - Restoration site per 15A NCAC 02B
field adjacent to tree
.0295 (n)
line
UT -5
Ephemeral
No
Left Bank - full canopy
Yes (left
No
Left Bank— Enhancement Site per 15A NCAC
/EC2
channel (not
with no understory of
bank
02B .0295 (o)(7); needs understory
present
shrubs or trees, dense
only)
enhancement with some shrubs added. Channel
outside
layer of microstegium
disappears before the treeline;
of tree line)
Right Bank — mature
Must meet all requirements under.0295 (o)(7)
natural forest
to be viable for buffer mitigation.
Right Bank— not viable
`Subjectivity calls for the features were determined by DWR in correspondence dated August 15, 2017 using the 1:24,000
scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared
by the MRCS.
2 NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with
Riparian Buffer Establishment. Phosphorus may be calculated separately.
Maps that are attached to this letter were provided by WEI and were initialed by Ms. Merritt on
August 15, 2017. This letter should be provided in all stream, wetland, buffer and/or nutrient offset
mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
PGIge 213
South Fork Mitigation Site
Wildlands Engineering, Inc.
August 16, 2017
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on August 16, 2019 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
KAH/lin
Attachments: South Fork Site Map, USGS Topo
cc: File Copy (Katie Merritt)
Sincerely,
ChJ�CJY v
Karen Higgins, Supery
401 and Buffer Permitting ranch
Page 313
`� ��! Project Parcel
''.• ...' Proposed EasementArea � 4��•�
Topographic Contours 10'
Project Streams'
. n
......... Ephemeral �,/` r� +;`' •�..,.,irifi§- 1
�'
1'
Intermittent !� �~ "'
Perennial
it
r.
�v ��•. � N � _rte
n ,
.r
4 +
j � 1
2014 Aerial Photo4pr,y
Figure 3 South Fork Site Map
W I L D L A N D S 0 250 500 Feet Cane Creek Mitigation Bank
ktwv ENGINEERING I 1 1 i
Cape Fear River Basin 03030002
IT 1 11
/1-7
Chatham County, NC
i
Project Parcel ar
`^.. .•' Proposed Easement Area
FF��j 77�TT•
Jf
low
qk
r'
1974 US(fS US 07.
inute u s s, NC 0
Figure 1 South Fork - USGS Topo Map
W I L D L A N D S 0 250 500 Feet Cane Creek Mitigation Bank
%%� E N G I N E E R I N G I_ i i i I Cape Fear River Basin 03030002
��„h
� Chatham County, NC
! Project Parcel
L..-��
Proposed Easement Area
~' Topographic du,
{
Project Streams
...... • • I Ephemeral
Intermittent
Perennial
ChA- Chewacla and Wehadkee soils, 0-2%
CCmB - Cld-Lignum complex, 2-6%
GoC - Goldston-Badin complex, 2-15%
NaB - Nanford-Badin complex, 2-6%
NaC - Nanford-Badin complex, 6-10%
a
2014 Aerial
, 1
f `e �
'ii
.�
A
<
at t
4
.�
le e
,
-
r
1 ,
Figure 2 South Fork Soils Map
W I L D L A N D S 0 250 500 Feet Cane Creek Mitigation Bank
ENGINEERING I I
Cape Fear River Basin 03030002
Chatham County, NC
Water Resources
ENVIRONMENTAL QUALITY
August 15, 2017
James Lindley
1727 Johnny Lindley Rd
Snow Camp, NC 27349
ROY COOPER
Governor
MICHAEL S. REGAN
SeCTOW)%
S. JAY ZIMMERMAN
Director
DWR Project #17-0658 v.2
Chatham County
Subject: On -Site Determination for Applicability to the Jordan Buffer Rules and Water
Quality Standards (ISA NCAC 02B .0267)
Subject Property/ Project Name: South Fork Mitigation Bank Site
Address/Location: 1727 Johnny Lindley Rd, Snow Camp, NC
Stream(s) Evaluated: UTs to South Fork Cane Creek
Determination Date: August 9, 2017 Staff: Niki Maher
Determination Type:
Buffer:
Stream:
❑ Neuse (15A NCAC 02B.0233)
® Ephemeral/Intermittent/Perennial
❑ Tar -Pamlico (15A NCAC 02B.0259)
Determination (where local buffer
❑ Catawba (15A NCAC 02B.0243)
ordinances apply)
® Jordan (15A NCAC 02B.0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 02B.0250)
❑ Goose Creek (15A NCAC 02B.0605-.0608)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
James Lindley
Jordan Buffer/Stream Determination
DWR Project #17-0658 v.2
Page 2 of 3
Feature ID1
FSoil
Type2
Not Subject
Subject
Start@
Stop@
USGS
Survey
Toppo
Easement/
"SF"
P
✓
Easement
property
IV/
v/
boundary
boundary
Eproperty/
UT 1
At least I
✓
Confluence
V/
boundary
w/ "SF"
UT 2-
✓
Easement
Upstream
I
(Not depicted)
boundary
See ma p
UT 2 -
P
✓
(See map)
Confluence
Downstream
(Not depicted)
w/ "SF"
✓
UT 33
3
3
3
(Not depicted)
UT 4
P
✓
Easement
Confluence
(Not depicted)
boundary
w/ "SF"
UT 5 / EC 2
E
✓
See map
Confluence
(Not depicted)
w/ "SF"
EC 1
Swale
✓
Easement
Confluence
✓
(Not present)
boundary I
w/ "SF"
1 See maps provided with letter showing labeled features
z Ephemeral (E), Intermittent (1), Perennial (P)
3 Feature could not be accessed safely to evaluate during site visit.
The Division of Water Resources has determined that two of the streams listed above have
been located on the most recently published NRCS Soil Survey of Chatham County, North
Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and
were evaluated for applicability to the Jordan Riparian Buffer Rule. Maps are provided with this
letter and were initialed by Niki Maher on August 10, 2017. Each feature that is checked "Not
Subject" has been determined to not be at least intermittent or not present on the property or
not depicted on the required maps. Streams that are checked "Subject" have been located on
the property and possess characteristics that qualify them to be at least intermittent streams.
There may be other streams or features located on the property that do not appear on the
maps referenced above but may be considered jurisdictional according to the US Army Corps of
Engineers and subject to the Clean Water Act.
This on-site determination shall expire five (5) years from the date of this letter. Landowners
or affected parties that dispute a determination made by the DWR may request a
determination by the Director. An appeal request must be made within sixty (60) calendar
days of the date of this letter to the Director in writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.):
clo Karen Higgins
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
James Lindley
Jordan Buffer/Stream Determination
DWR Project #17-0658 v.2
Page 3 of 3
This determination is final and binding as detailed above, unless an appeal is requested within
sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not
approve any activity within the buffers. The project may require a Section 404/401
Permit for the proposed activity. Any inquiries regarding applicability to the Clean
Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory
Field Office at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Niki Maher at
(919) 807 -6367 -
Sincerely,
are Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: USGS Topographic Map, Chatham County Soil Survey Map, and James
Lindley South Fork Determination Aerial
cc: Andrea Eckardt, Wildlands Engineering Inc, via email: aeckardtCcDwildlandseng.com
401 & Buffer Permitting Branch file
RRO DWR file
Filename: 20170658v.2JamesLindley_SForkMitBank JORDAN StreamDet.docx
r r Project Parcel
Proposed Easement Area
jg
r
•
'.4 1
��. • r
r
.� w..
,' .. %41 r
1
•
1974.USGS US o 7..5Ainute.-CI rchl+ard Crossroads, NC
k��W I L D L A N D S 0 250 500 Feet
ENG"NEERING i I I I 'P
Figure 1 South Fork - USGS Topo Map
Cane Creek Mitigation Bank
Cape Fear River Basin 03030002
�n
`� '' atharrt County, NC
Figure 4 South Fork Soils Map
W I L D L A N D S 0 375 750 Feet Cane Creek Mitigation Bank
k��V ENGINEERING I i i i I t Cape Fear River Basin 03030002
01 rA
`V v'tram County, NC
James Lindley South Fork Determination Aerial*
1' 1
Project Partel ),
Proposed Eas4meat mea 1
*a
Topographic 4nnt®wrs 10' i4 r
Project Streams �1 FUT5 / EC2 �.
......... Epl%meral K.
•
.... Intermittent
Pere;wiau
EC1 f
UT3
"SF
.`
Aoo,4 A-Po111 IF 1� ir''t -- ' -- — l
*Map initially provided by Wildlands Inc has been manipulated to reflect DWR determinations.
�'. ?•t" -fit•, ��1 �.j��r `f¢
m __
a 06•
.41P
1'7171�
Im
Ll
INQUIRY #: 4585422.5 N
YEAR: 2008 ",�Jr
= 500' �EDR'
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21
United States Department of the Interior
Ruby Davis
Wildlands Engineering Inc
1430 S. Mint St., Suite 104
Charlotte, NC 28203
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
July 22, 2016
Re: Cane Creek Mitigation Bank — Alamance & Chatham Counties, NC
Dear Mrs. Davis:
This letter is to inform you that a list of all federally -protected endangered and threatened species
with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife
Service's (Service) web page at http://www.fws.gov/raleigh. Therefore, if you have projects that
occur within the Raleigh Field Office's area of responsibility (see attached county list), you no
longer need to contact the Raleigh Field Office for a list of federally -protected species.
Our web page contains a complete and frequently updated list of all endangered and threatened
species protected by the provisions of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in
each county in North Carolina.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
I The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures betaken to avoid or minimize adverse impacts to
federal species of concern.
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above -referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if. (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
2
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact Emily Wells of this office
at (919) 856-4520 ext. 25.
Sincerely,
('VL
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Field Supervisor
List of Counties in the Service's Raleigh Field Office Area of Responsibility
Alamance
Beaufort
Bertie
Bladen
Brunswick
Camden
Carteret
Caswell
Chatham
Chowan
Columbus
Craven
Cumberland
Cur ituck
Dare
Duplin
Durham
Edgecombe
Franklin
Gates
Granville
Greene
Guilford
Halifax
Harnett
Hertford
Hoke
Hyde
Johnston
Jones
Lee
Lenoir
Martin
Montgomery
Moore
Nash
New Hanover
Northampton
Onslow
Orange
Pamlico
Pasquotank
Pender
0
Perquimans
Person
Pitt
Randolph
Richmond
Robeson
Rockingham
Sampson
Scotland
Tyrrell
Vance
Wake
Warren
Washington
Wayne
Wilson
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i
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
July 1, 2016
Ruby Davis
Wildlands Engineering
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Re: Cane Creek Mitigation Bank, Alamance and Chatham Counties, ER 16-1133
Dear Ms. Davis:
Thank you for your email of June 24, 2016, concerning the above project.
Office of Archives and History
Deputy Secretary Kevin Cherry
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review(a),ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
(1� 4 LLW1t�_
Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
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Action History (UTC -05:00) Eastern Time (US & Canada)
Subrrut by Anonymous User 6/5/2018 5:10:37 PM (Message Start Event)
Approve by Montalvo, Sheri A 6/6/2018 8:18:19 AM (Initial Review- Sheri Montalvo)
The task was assigned to Montalvo, Sheri A 6/5/2018 5:10 PM
D# * 20160225
Version* 2
Select Reviewer:* Katie Merritt
Mitigation Project Submittal - 6/5/2018
Type of Mitigation Project:*
r Stream r Wetlands lF Buffer fJ Nutrient Offset
(Select all that apply)
Is this a Prospectus, Technical Proposal or a r Yes r No
New Site? *
Project Contact Information
.............................................................................................................................
Contact Name:* Andrea Eckardt
Email Address:* aeckardt@Wldlandseng.com
Project Information
Existing (DWR) ID#:* 20160225
(nunbers only... no dash)
Existing Version:* 2
(nurrbers only)
Project Name:* South Fork Mitigation Bank Parcel
County:* Chatham
Document Information
Mitigation Document Type:*
Mitigation Plan
File Upload: South Fork Final BPDP 6.5.2018.pdf 19.7MB
Rease upload only one RDF of the conplete file that needs to be submitted...
Signature
Print Name:* Andrea Eckardt
Signature:*