20160393 Ver 2_Stream Determination CORRECTED_20221207

From: Merritt, Katie
To: Baker. Caroline D
Subject: FW: [External] RE: Bandit Farms - Stream Determination CORRECTED
Date: Wednesday, December 7, 2022 4:48:00 PM
Attachments: Bandit Farms Stream Det.odf
File attached letter and email thread below
From: Merritt, Katie
Sent: Wednesday, December 7, 2022 4:47 PM
To:'Jamey Mceachran' <[e-mail]>
Cc: Davis, Erin B <[e-mail]>
Subject: RE: [External] RE: Bandit Farms - Stream Determination CORRECTED
Hey Jamey,
Please discard the previous letter sent to you at 3:57pm today and replace it with this letter
instead.
Thank you for your patience,
Katie
From: Merritt, Katie
Sent: Wednesday, December 7, 2022 4:17 PM
To: Jamey Mceachran <imceachranna res.us>
Cc: Davis, Erin B <erin.davisna ncdenr.gov>
Subject: RE: [External] RE: Bandit Farms - Stream Determination
Hey Jamey,
I'm sorry. I misunderstood your email, I thought you were referring to C. I also see that I made
an error in the letter regarding C, which resulted in me mixing up C and B regarding origins. The
sediment deposits were actually on B. I had talked to Shetlon about B right after our visit, and
he was supportive of the B origin starting at the culvert, but the linear wetland wasn't something
we talked about. With the sediment deposited on B, my notes had that it would be considered a
stream at the culvert, which is in line with the previously issued letter from 2015. 1 sincerely
apologize. I'll get the letter fixed and send it to you.
Thank you for catching my mistakes.
From: Merritt, Katie
Sent: Wednesday, December 7, 2022 4:04 PM
To: Jamey Mceachran <iceachran anres.us>
Subject: RE: [External] RE: Bandit Farms - Stream Determination
We did. And after talking with other DWR staff that do these more often that I do and showing
them the lidar and other maps, they did not support that but did support how it is written up as
ephemeral.

From: Jamey Mceachran <imceachranna res.us>
Sent: Wednesday, December 7, 2022 4:02 PM
To: Merritt, Katie <katie.merrittna ncdenr.gov>
Subject: [External] RE: Bandit Farms - Stream Determination
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hey Katie,
I thought we talked about B1 being Stream from the Culvert down a little ways, and then
transitioning to a linear wetland for a stretch before converting to B2 Perennial stream.
Thanks
Jamey
From: Merritt, Katie <katie.merrittna ncdenr.gov>
Sent: Wednesday, December 7, 2022 3:57 PM
To: Jamey Mceachran <imceachranna res.us>
Subject: [EXTERNAL] Bandit Farms - Stream Determination
Hey Jamey,
Please see your copy of the stream/buffer determination letter for the Bandit Farms Mitigation
site attached to this correspondence.
Thank you for your patience,
Katie
Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
Work Cell: 919-500-0683
Website: https:://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-
buffer-permitting/nutrient-offset-buffer-mitigation-program
512 N. Salisbury Street, Raleigh, NC 27620
1617 Mail Service Center, Raleigh, NC 27699-1617

DocuSign Envelope ID: E72666F9-329F-44EE-8C04-7764037F7AB0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Jamey McEachran
Environmental Banc & Exchange, LLC
[e-mail]
NORTH CAROLINA
Environmental Quality
December 7, 2022
Project 2016-0393v2
Orange County
Subject: Determination for Applicability to the Jordan Lake Buffer Rules 15A NCAC 02B .0267
Project Name: Bandit Farms Mitigation Site
Address: 3111 Dairyland Road, Hillsborough, NC
Dear Ms McEachran:
On September 21, 2022, Katie Merritt of the Division of Water Resources (DWR), conducted an
on -site review of features located near or at the address above at the request of Environmental
Banc & Exchange, LLC, to determine the applicability of features on the site to the Jordan Lake
Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0267.
The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in
the table below. Streams were evaluated for being ephemeral, at least intermittent, and for
subjectivity to the Jordan Lake Riparian Area Protection Rules. Streams that are considered
"Subject" have been located on the most recently published NRCS Soil Survey of Orange County
and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s), have been
located on the ground at the site, and possess characteristics that qualify them to be at least
intermittent streams. Features that are considered "Not Subject" have been determined to not
be at least intermittent, not present on the property, or not depicted on the required maps.
This determination only addresses the applicability to the buffer rules within the
proposed easement boundary and does not approve any activity within buffers or within
waters of the state. There may be other streams or features located on the property that
appear or do not appear on the maps referenced above. Any of the features on the site
may be considered jurisdictional according to the US Army Corps of Engineers and subject
to the Clean Water Act.
D E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NoarH CAROLINA 919.707.9000
oeparrmem or enviro memai QuaZ�

DocuSign Envelope ID: E72666F9-329F-44EE-8C04-7764037F7AB0
Page 2of3
3111 Dairyland Road
DWR 20160393v2
The following table addresses the features observed and rated during the DWR site visit.
'Feature Type:
stream
Subject
Depicted
Depicted
(ephemeral,
Feature
intermittent,
to
Start @
Stop @
p
on
on
ID
Buffer
Soil
USGS
perennial), ditch,
Rules
Survey
Topo
swale, wetland,
other
A
Perennial
Yes
At road
Property
Y
Y
culvert
boundary
zAt road
35.977034, -
B1
Intermittent
Yes
culvert
79.144308
Y
Y
35.977034,
Confluence
B2
Perennial
Yes
-79.144308
of A
Y
Y
zAt road
35.975390, -
C1
Ephemeral
No
culvert
79.146393
Y
35.975390,
Confluence
C2
Perennial
Yes
-79.146393
of A
Y
1 E: Ephemeral, I: Intermittent, P: Perennial
2 Large amounts of sediment from adjacent agricultural practices have deposited into portions of this reach
affecting upstream flows through this reach that need to be remediated
This on -site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute this determination made by the DWR may
request an appeal determination by the Director of Water Resources. 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 U.S Postal Service:
DWR 401 & Buffer Permitting Branch
Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
DWR 401 & Buffer Permitting Branch
Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This determination is final and binding as detailed above unless an appeal is requested within
sixty (60) calendar days of the date of this letter.
If you have any additional questions or require additional information, please contact Katie
Merritt at [e-mail] or 919-500-0683. This determination is subject to review
as provided in G.S. 150B.

DocuSign Envelope ID: E72666F9-329F-44EE-8C04-7764037F7AB0
Page 3of3
3111 Dairyland Road
DWR 20160393v2
Sincerely,
DocuSigned by:
�ia�,, 9avio-
9969F633EA974AB...
Erin Davis, Acting Supervisor
401 & Buffer Permitting Branch
Attachments: Site Map with labels, NRCS Soil Survey, USGS Topographical Map, Lidar
cc: 401 & Buffer Permitting Branch Laserfiche File
Filename: 20160393v2 BanditFarms Ltr

DocuSion Envelope ID: E72666F9-329F-44EE-8C04-7764037F7AB0

DocuSign Envelope ID: E72666F9-329F-44EE-8C04-7764037F7AB0
Legend
Proposed Easement
Maple View Conservation Easement
N
W E
5
0 500 1,C00
Figure 2b - USGS National Map
White Cross
Bandit Farms
Mitigation Project
Countv. North Carolina
Date: 9/15/2022
Drawn by: HG
Checked by: RM
1 inch = 1,000 feet
'NARIONS FORD
fires
Restoring a Resilient Earth for a Modern World

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DocuSig�n Envelope ID: E72666F9-329F-44EE-8C04-7764037F7AB0.00
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NOAA, 2022
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Bandit Farms Drawn by: GDS ores
s Mitigation Proiect Checked bv: RM
1 inch = 500 feet Restoring o Resilient earth for o Modern woad
Feet Orange County, North Carolina