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HomeMy WebLinkAbout20160393 Ver 2_Buffer Viability Request - Bandit Farms_20220922ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality BUFFER MITIGATION &/OR NUTRIENT OFFSET SITE VIABILTY ASSESSMENT REQUEST (Form must be complete and all attachments included to process request) ❑ BUFFER MITIGATION ❑ NUTRIENT OFFSET ❑X BOTH Contact Name Jamey Mceachran Contact Company Environmental Banc & Exchange, LLC, a RES company Mailing Address 3600 Glenwood Ave, Suite 100, Raleigh, NC 27612 Email jmeachran@res.us Phone: 9196239889 Do you have the right to access the property? 11 VES ❑ NO PARCEL/SITE DETAILS Proposed Site Name Bandit Farms Address 3111 Dairyland Road City: Hillsborough Site Coordinates 35.977873, -79.144179 County: Orange River Basin Name Cape Fear 8-Digit HUC: 03030002 Sub -watershed (if in Jordan Lake or Falls) Upper New Hope Watershed Will this be part of a stream or wetland project/bank? ❑ VES 11 NO Has anyone from DWR or the USACE visited the site in the past 12 months? ❑ VES ❑x NO Have buffer/stream determinations been made by Division of Water Resources? ❑X VES ❑ NO Will any state or federal grant money be associated with this proposed project? ❑ VES ❑X NO Are any State, Local or Federal Permits associated with the parcel/land? ❑ VES ❑X NO PARCEL/SITE ATTACHMENTS (provide items 1-4 as a separate attachment, not to exceed 10 pages) 1. Detailed description of the parcel/site including existing site conditions, constraints and permits affiliated with the property. 2. Include a timeline of land use changes from 1990-Present supported by Google imagery; 3. Include the DWR Stream Call Determination letter with corresponding maps & figures; 4. Include an Aerial Map showing a proposed Conservation Easement/Project boundary SEND COMPLETE REQUEST TO: NCDWR - 401 & Buffer Permitting Branch Attn: Katie Merritt email to Katie.Merritt@ancdenr.gov i LANDOWNER INFORMATION (la) Name(s) on Recorded Deed Bandit Farms II, LLC (1b) Mailing Address 1401 Lake Boone Trail, Suite 300 Raleigh, NC 27701 (1c) Telephone Number 919-933-3600 2 INTRODUCTION 2.1 Project Description Bandit Farms Mitigation Project (the Project) is in Orange County, NC, approximately eight miles southwest of Hillsborough, NC (Figure 1). The Project consists of three parcels totaling approximately 17.78 acres of proposed conservation easement. The overall drainage area contributing to the Project is 583 acres and is located within a rural area. The Parcel is in an area dominated by agriculture, livestock, and residential land use. There is a dairy operation on the north side of Dairyland Road, but a majority of the Parcel is utilized for row -crop production. Land use in the project area is hay field, row crops, and existing riparian forest. No livestock are on the Parcel; therefore, livestock access is not a concern. Historical imagery indicates that land use of the Project area has been primarily used for farming (Figure 5). Since 1950 the areas of forest between B1 and C1/C2 has been shrinking and have been cut down over the past 70 years (Figure 5). It is evident that some of the Project tributaries were maintained via clearing and dredging during this period. Therefore, over at least the last 70 years, most riparian areas have served as poor buffers with few to no trees except for a narrow strip along Al, B1, and C2. Additionally, since at least 1950, the land use in the vicinity of the project area has remained a mixture of row crops and pastureland with some forested areas, while ditches around the Project have also been in place since this time. This Project is proposed to provide riparian buffer and nutrient offset mitigation through the NC Division of Water Resources (DWR) Nutrient Offset and Buffer Mitigation program and will service the Upper New Hope Watershed. Nutrient offset and riparian buffer mitigation credits will be generated via riparian restoration and preservation activities. In general, the Project will provide numerous ecological and hydrologic benefits including to restore, preserve, and protect riparian areas within the Cape Fear River Basin. Bandit Farms will provide water quality benefits through elimination of nutrient intensive agricultural practices and re -forestation of riparian areas that extend out to 200 feet from the stream channels. The riparian restoration activities within the Parcel will result in improved water quality within the downstream watershed. The Project is comprised of three unnamed stream features (Al, B1, C2) and a ditch (C1) (Figure 3). Descriptions of the current land use and buffer conditions of each stream reach are described below. Named feature Morgan Creek is downstream of the project which all features inside the project (Al, B1, C1, C2) drain into. Bandit Farms Mitigation Project 1 September 2022 Unnamed stream feature Al is a perennial channel which flows in an easterly direction along the southern project boundary, with a drainage area of 371 acres. The existing land is primary mature forest on the western side of the channel in the first 50 feet. Outside of the mature forest there is an active row crop. Unnamed stream feature B1 is an intermittent channel which flows in a southerly direction and has a drainage area of 116 acres. The existing land use off the channel is a mixture of mature forest and row crops. Unnamed feature Cl is a ditch that upstream of C2 and has a drainage area of 40 acres. The existing land use within the riparian area adjacent to the ditch is active row crop. Unnamed stream feature C2 is an intermittent channel flowing in a southerly direction with a drainage area of 55 acres. The existing land use off the channel is a mixture of mature forest and row crops. 2.2 Project Location To access the site from the town of Hillsborough, head east on W King Street towards North Churton Street. Then turn right at the first cross street onto US-70 BUS E/S Churton Street and stay straight for 0.7 miles. Then turn right onto Orange Grove Road and continue for 5.4 miles. Then turn left onto Dodson's Crossroads and stay straight for 2.8 miles. Then turn left onto Dairyland Road and continue straight for 0.8 miles until reaching the 3111 Dairyland Road address and turn right onto a dirt road which accesses the Project. The coordinates for the Project are 35.977873, -79.144179. 2.3 Service Area The Project will provide numerous ecological and hydrologic benefits including to restore, preserve, and protect riparian areas within the Cape Fear River Basin Cataloging Unit (CU) 03030002, 14-digit Hydrologic Unit (HU) 03030002060070 within upper new hope service area (Figure 1). Specifically, the Project will restore and protect riparian buffers and provide nutrient offsets within the Jordan Lake watershed 3 EXISTING CONDITIONS 3.1 Existing Buffer Conditions In general, the Projects Area is comprised of the Morgan Creek, three unnamed stream features (Al, B1, and C2) and one ditch feature (C1). In general, the Project reaches do not function to their full potential. Current conditions demonstrate significant habitat and water quality degradation with a loss of stabilizing vegetation because of impacts from ongoing crop production. 3.2 Vegetation and Wildlife Current land use around the Project is primarily comprised of active cropland with some forested areas. Vegetative communities within the project area can be grouped into two distinct vegetative communities. These two vegetative communities can be characterized as a Piedmont Alluvial Forest, according to the North Carolina Natural Heritage Program (NHP) classification system (Schafale and Weakley, 1990) and agricultural land. Agricultural areas are subject to periodic mowing and crop production (hay and corn production). The dominant grasses tend to be Bermuda grass (Cynodon dactylon) and various fescue species (Festuca sp.). Adjacent to the row crop areas are Piedmont Alluvial Forest communities. The fringe of these communities has Bandit Farms Mitigation Project 2 September 2022 been disturbed due to historic clearing activities. As a result, there are non-native invasive species such as multiflora rose (Rosa multiflora), and Chinese privet (Ligustrum sinense) located within the fringe of these communities. Dominant species noted within these communities include various oak species (Quercus sp.), river birch (Betula nigra), American elm (Ulmus Americana), tulip poplar (Liriodendron tulipifera), various hickory species (Carya spp.), red maple (Acer rubrum), and sweet gum (Liquidambar styraciflua). 3.3 Constraints There are few constraints at the Bandit Farms Project. The Project is not within a mapped FEMA Regulatory Floodway or 100-year floodplain (Zone AE). National Wetland Inventory (NWI) mapping depicts one wetland in the Project area (Figure 3) however, the jurisdictional boundaries are not confirmed since this Project will not require a Jurisdictional Determination. A palustrine forested broad-leaved deciduous, temporarily flooded (PFO1A) wetland runs through a small section of the southwest portion of the Project. Additionally, there is no threat of hydrologic trespass associated with Project activities. 3.4 Project Development Riparian buffer and nutrient offset mitigation efforts in the service area will be accomplished through riparian restoration and preservation activities. These activities will include the planting, establishment, and protection of a hardwood forest community. The result will be a riparian habitat that functions to mitigate nutrient and sediments inputs from the surrounding upland, diffuse overland flow, and restore and protect the natural vegetative communities that provide diverse habitat for wildlife in perpetuity. Bandit Farms Mitigation Project 3 September 2022 tnut Rid Legend ►4 • LJ Proposed Easement Maple View Conservation Easement Jordan Lake Watershed - 03030002 Upper New Hope Watershed Lower New Hope Watershed 14-Digit HUC 03030002060070 NC NHP Element Occurrence (NC NHP July 2021) NC DMS Conservation Easement (NCDMS June 2021) Other Managed Area (NC NHP July 2021) 5 Mile Aviation Zone Airports +4 �i7 v�r1f r 107ir. l �.lvw aryiLlgw i� r�r 0 OS Miles Unior UNC Hose:;^ s© Hillsborough Campus United Metl'��}5► hurcri Figure 1 - Project Service Area Bandit Farms Mitigation Project n Grove Fari Madison High Point omasville Randleman Seagrove Bandit Farms Mitigation Project Bear Creek Rexbora sborough Sanford Date: 6/17/2022 Drawn by: HG Checked by: RM res Oran.e Count North Carolina 1 inch = 1 mile Restoring a Resilient Earth for a Modern World Legend Proposed Easement Al - 371.90 ac B1 - 115.62 ac Cl - 39.84 ac C2 - 54.82 ac 1,000 2,000 Feet • Figure 2a - Historic USGS White Cross (1982) Bandit Farms Mitigation Project Orange County, North Carolina Date: 9/15/2022 Drawn by: GDS Checked by: RM 1 inch = 2,000 feet uu res Restoring a Resilient Earth for a Modern World Legend EJProposed Easement Maple View Conservation Easement 'NARIONS FORA Rp N w E 0 500 1,000 Feet Figure 2b - USGS National Map White Cross Bandit Farms Mitigation Project Date: 9/15/2022 Drawn by: HG Checked by: RM res Orange County, North Carolina 1 inch = 1,000 feet Restoring a Resilient Earth for a Modem World Legend Proposed Easement Project Parcel JMaple View Conservation Easement Adjacent Parcel FEMA Zone AE (None) NWI Wetland USFWS 12/01/2021 Stream Determination °N/ Perennial (Subject) eN./ Intermittent (Subject) Ditch • DWR Stream ID Location weVa• 0: *amino isimetisb 0 250 500 Feet 35.5831, -79.8473 Cropland Figure 3 - Exisiting Conditions Bandit Farms Mitigation Project Date: 9/19/2022 Drawn by: HG Checked by: RM Cropland kt res Oran.e Count , North Carolina 1 inch = 500 feet Restoring a Resilient Earth for a Modem World • Legend Proposed Easement Maple View Conservation Easement Hydric (100%) Predominantly Hydric (66-99%) Predominantly Hydric (33-65%) Predominantly Nonhydric (1-32%) Nonhydric (0%) ail*�11.��wa��1,.� ** IPA" 0 250 500 Map Unit Map Unit Name Ch GeB GeC GiF HrB H rC TaD Chewacla loam, 0 to 2 percent slopes, frequently floode. Georgeville silt loam, 2 to 6 percent slopes Georgeville silt loam, 6 to 10 percent slopes Goldston channery silt loam, 15 to 45 percent slopes Herndon silt loam, 2 to 6 percent slopes Herndon silt loam, 6 to 10 percent slopes Tarrus silt loam, 8 to 15 percent slopes Figure 4 - Mapped Soils NRCS, 2022 Bandit Farms Mitigation Project Date: 9/15/2022 Drawn by: HG Checked by: RM ,fires Feet Oran.e Coun North Carolina 1 inch = 500 feet Restoring a resilient earth for a modern world Maple View Conservation Easement s 0 250 500 11 Feet figure NRCS, 1977 Bandit Farms Mitigation Project Orange County, North Carolina 1 inch = 500 feet ,fires Restoring a resilient earth for a modern world Legend nProposed Easement Maple View Conservation Easement 350 7CC 11 Feet Source: NC OneMap Figure 5 - Historical Imagery Bandit Farms Mitigation Project Orange County, North Carolina Date: 9/19/2022 Drawn by: GDS Checked by: RM 1 inch = 700 feet res Restoring a Resilient Earth fora Modern World wE 250 500 Feet Figure 6 - LiDAR NOAA, 2022 Bandit Farms Mitigation Project Orange County, North Carolina 1 inch = 500 feet res Restoring a Resilient Earth for a Modem World Landowner Authorization Form Property Legal Description Deed Book/Page: 6766/291 County: Orange Parcel ID Number: 9850698697 Street Address: Dairyland Road, Hillsborough, NC Property Owner: Bandit Farms II, LLC The undersigned, registered property owner of the above property, do hereby authorize Resource Environmental Solutions, the NC Division of Water Resources, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland, and or riparian buffer restoration project, including conducting stream and or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). Property Owner Address: UWe hereby certify the above information to be true and accurate to the best of my/our knowledge. (Property Owner A (Property Owner Printed Name) (Property Owner Authorized Signature) Date (Property Owner Printed Name) 4846-3189-9210, v. 1 ATA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 5, 2015 Daniel Ingram EBX Neuse I, LLC (RES) 302 Jefferson Street, Suite 110 Raleigh, NC 27605 (via electronic mail) Donald R. van der Vaart Secretary Re: Site Viability for Buffer Mitigation & Nutrient Offset — Maple View/Nutter Farms 3111 Dairyland Road, Hillsborough, NC Orange County Dear Daniel, On June 23, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a request from EBX-EM, LLC, a subsidiary of Resource Environmental Solutions, LLC (RES) for a site visit near the above -referenced site to determine the potential for nutrient offset and Jordan riparian buffer mitigation. On July 7, 2015, Ms. Merritt performed a mitigation determination of features depicted on the attached aerial map. This mitigation determination was performed in accordance with the temporary consolidated buffer mitigation rule 15A NCAC 02B .0295 (Rule .0295). If approved, mitigating this property could provide riparian buffer credits and/or nutrient offset credits within the Upper New Hope Sub -watershed of Jordan Lake. EBX will need to have an approved Mitigation Banking Instrument (MBI) specific for this site in order to apply Rule .0295 towards its buffer mitigation. The existing EBX Cape Fear Umbrella Mitigation Banking Instrument is not compatible for use of the temporary Rule .0295 for buffer mitigation. Ms. Merritt's evaluation of the property for buffer and nutrient offset mitigation viability is provided below and on the attached map: Feature "A" (Western side only) • Stream onsite is perennial and subject to the Jordan buffer rule as provided in the Buffer Determination Letter dated July 16, 2015 by the Raleigh Regional Office. • The existing land use within the Jordan buffer (0 -50') was primarily mature forest and would be viable for Buffer Preservation credit on the Western side of the stream. The Eastern side of the stream consists of a linear ditch ("D") that runs parallel to the stream. The presence of this ditch effects the Eastern side of the stream's viability for buffer mitigation. Proposals for buffer preservation must comply with all items of 15A NCAC 02B .0295 (m)(2)(D). • The existing land use outside of the mature forest was active row crop and may be viable for buffer restoration for either nutrient offset credit or buffer credit depending on the distance from the stream. 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: 919-807-6300 \ FAX: 919-807-6494 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Maple View/Nutter Farms August 5, 2015 Page 2 of 3 Feature "D"(Eastern side only) • Feature is a ditch and is NOT subject to the Jordan buffer rule. Feature "A" runs parallel to the Western side of the ditch. • The existing land use within the riparian area adjacent to the ditch was determined to be mature forest and is not viable for buffer or nutrient offset credit. • The existing land use within the riparian area outside of the mature forest was active row crop and may be viable for buffer restoration for either nutrient offset credit or alternative buffer mitigation credit depending on the distance from the ditch. Proposals for using ditches as alternative buffer mitigation must comply with all items of 15A NCAC 02B .0295 (m)(2)(H). Feature "B" • Stream onsite is perennial and subject to the Jordan buffer rule as provided in the Buffer Determination Letter dated July 16, 2015 by the Raleigh Regional Office. • The existing land use within the Jordan buffer (0 -50') was a mixture of mature forest and row crops and would be viable for Buffer Preservation, Buffer Restoration or Buffer Enhancement depending on the section of Feature B that is being mitigated. The buffer restoration or enhancement areas are viable for nutrient offset credit or buffer credit. The buffer preservation areas are viable for buffer credit only. • Riparian areas outside of the mature forest were in active row crop and would be viable for buffer restoration for either nutrient offset credit or buffer credit depending on the distance from the stream. Feature "C" (Perennial Reach) • Stream onsite is perennial downstream of the GIS point (35.5831, -79.8473) and is subject to the Jordan buffer rule as provided in the Buffer Determination Letter dated July 16, 2015 by the Raleigh Regional Office. • The existing land use within the Jordan buffer (0 -50') was a mixture of mature forest and row crops and would be viable for Buffer Preservation, Buffer Restoration or Buffer Enhancement depending on the section of Feature C that is being mitigated. The buffer restoration or enhancement areas are viable for nutrient offset credit or buffer credit. The buffer preservation areas are viable for buffer credit only. • Riparian areas outside of the mature forest were in active row crop and would be viable for buffer restoration for either nutrient offset credit or buffer credit depending on the distance from the stream. Feature "C" (Ditch Reach) • Feature is a ditch and is NOT subject to the Jordan buffer rule. • The existing land uses within the riparian area adjacent to the ditch was active row crop and would may viable for buffer restoration for nutrient offset credit or alternative buffer mitigation credit depending on the distance from the ditch. Proposals for using ditches as alternative buffer mitigation must comply with all items of 15A NCAC 02B .0295 (m)(2)(H). Maple View/Nutter Farms August 5, 2015 Page 3 of 3 Feature "E" • Not a feature and is not viable for any mitigation credit A map showing the project site is provided and signed by Ms. Merritt on August 4, 2015. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Unit KAH/km Attachments: Site Aerial Map cc:File Copy (Katie Merritt) ATA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 16, 2015 Nutter Farms, LLC Attn: Roger Nutter 3100 Dairyland Road Hillsborough, NC 27278 Donald R. van der Vaart Secretary Subject: Buffer Determination NBRRO# 15-280 Orange County Determination Type: Buffer Call Isolated or EIP Call • Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Jordan (15A NCAC 2B .0267) ❑ Ephemeral/Intermittent/Perennial Determination ❑ Isolated Wetland Determination Project Name: Location/Directions: Subject Stream: Nutter Farms: 3111 Dairyland Road, Hillsborough Subject property is privately owned agricultural land located at project address; potential buffer and nutrient mitigation site; UT to Morgan Creek Determination Date: July 7, 2015 Staff: Sara Knies Feature /Flag Not Subject To Buffers Subject To Buffers E/I/P* Start@ Stop@ Soil Survey USGS Topo A X P Throughout Throughout X X B X P Throughout Throughout X X C X P (35.5831, -79.8473) Throughout X *E/I/P - Ephemeral/Intermittent/Perennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may o hCarolina Naturally North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Internet: www.ncwateroualitv.orq Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Nutter Farms Mitigation Bank Orange County July 16, 2015 Page 2 of 2 considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). 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 or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, Karen Higgins, DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Sara Knies at (919) 791-4258. tfully, pi /14 Danny Smi h, Supervisor Water Quality Section Raleigh Regional Office cc: RRO/SWP File Copy a N 1 . e..1,60 ssuPmnut mesa..e a`..vn s.ow w...=[ t