20160393 Ver 2_Buffer Viability Request - Bandit Farms_20220922

ROY 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
[e-mail]
Phone: [phone]
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 [e-mail]

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
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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: [phone] \ FAX: [phone]
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 [phone]
Internet: www.ncwateroualitv.orq Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
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 [phone].
tfully,
pi /14
Danny Smi h, Supervisor
Water Quality Section
Raleigh Regional Office
cc: RRO/SWP File Copy

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