Loading...
HomeMy WebLinkAbout20150636 Ver 1_BPDP DRAFT_20150818Neville Farms Buffer and Nutrient Offset Bank Parcel Development Plan Jordan Lake Nutrient Strategy - Upper New Hope Subwatershed Orange County, NC August 11, 2015 Prepared by: Watershed Investments NC, LLC 1630 Weatherford Circle Raleigh, NC 27604 Phone: 919.533.9195 WATERSHED Investments 1.0 INTRODUCTION ................................................................................ ............................... 1 1.1 SPONSOR ..................................................................................... ............................... 1 1.2 Project Location and Description ...................................................... ............................... 1 1.3 Directions to the Site ...................................................................... ............................... 1 Tract 1: Neville - Gambill Property ........................................................... ............................... 1 Tract2: McGee Property ........................................................................ ............................... 2 2.0 PROJECT SITE DESCRIPTION ............................................................... ............................... 2 2.1 Land Use ...................................................................................... ............................... 2 2.2 Watershed Setting .......................................................................... ............................... 3 2.2 Surface Hydrology and Watershed Area .............................................. ............................... 3 2.3 Surface Water Determination for the Site ............................................ ............................... 3 2.4 Floodplain Assessment ................................................................... ............................... 3 2.5 Geology & Soils ............................................................................. ............................... 4 2.6 Cultural Constraints ........................................................................ ............................... 5 2.8 Rare, Threatened and Endangered Species .......................................... ............................... 5 2.9 Existing /Historic Vegetation. .......................................................................................... 6 3.0 PROJECT PLANTING PLAN .................................................................. ............................... 6 3.1 Riparian Restoration Activities .......................................................... ............................... 6 3.2 Planting Plan. ............................................................................................................... 7 3.3 Riparian Preservation Activities ........................................................ ............................... 7 3.4 Site Preparation and Invasive Species ControL ..................................... ............................... 7 3.5 Easement Boundaries and Fencing .................................................... ............................... 7 4.0 PROJECT MONITORING AND PERFORMANCE STANDARDS ........................ ............................... 8 4.1 Project Monitoring Plan ................................................................... ..............................8 4.2 Adaptive Management Plan .............................................................. ............................... 8 4.3 Long Term Management Plan .......................................................... ............................... 8 5.0. FINANCIAL ASSURANCE ...................................................................... ..............................9 6.0 MITIGATION POTENTIAL .................................................................... .............................11 6.1 Buffer Mitigation Potential ............................................................... .............................11 6.2 Nutrient Credit Potential .................................................................. .............................12 7.0 REFERENCES: ................................................................................................................. 14 LISTOF ATTACHMENTS ............................................................................. ............................... A Neville Farms BPDP Watershed Investments NC 1.0 INTRODUCTION The Neville Farms site (Site) Bank Parcel is part of Watershed Investment NC's Mitigation Banking Instrument (MBI) for riparian buffer mitigation and nutrient offset credits pursuant to the Jordan Water Supply Nutrient Strategy. The site shall be planned and designed encompassing land along Neville Creek, a tributary to University Lake south of Chapel Hill in Orange County, NC. For the purposes of this Bank Parcel Development Plan (BPDP) the Site is divided using the following designations: Tract 1 — Main project area on the north side of Neville Creek that is owned by the Neville - Gambill Family ■ Tract 2 —Area south of Neville Creek that is owned by the McGee Family. Though the properties are adjacent, the differentiation of the site is necessary based on land use, project crediting, and for more clear referencing within this document. The purpose of both tracts is to establish forest adjacent to surface water features to reduce nutrients that flow into Neville Creek, University Lake, and ultimately, Jordan Lake. The project will have ancillary benefits that include reducing sediment runoff, stabilizing banks, and improving aquatic and terrestrial habitat. Any nutrient or riparian buffer credits generated from this restoration would be available within the Upper New Hope Subwatershed of Jordan Lake. 1.1 SPONSOR The Site is proposed by Watershed Investments NC (WINC) with Mike Herrmann as project manager. Contact information for the WINC is provided below. Watershed Investments NC 1630 Weatherford Circle Raleigh, NC 27604 Phone: 919- 559 -6264 Attn: Mike Herrmann Email: mherrmann (awatershedinvestmentsnc .net 1.2 Project Location and Description Attachment A -Figure 1 provides the USGS 1:24,000 Topo map showing the location for the Site, nearby roads, and the surrounding vicinity. Surface water drainage features at the Site feed into the Upper New Hope subwatershed of Jordan Lake. The Site is in the Cape Fear River Basin approximately 3 miles southwest of Chapel Hill, NC and one mile upstream of University Lake. More specifically, the Site's longitude and latitude in decimal degrees are - 79.129 W and 35.892 N, respectively. 1.3 Directions to the Site Tract 1: Neville- Gambill Property i. From Raleigh, go West on I -40 and take the Hwy 54 -West Exit to Chapel Hill ii. From Hwy -54, take the Jones Ferry Rd Exit, turn left to go South and proceed 0.9 miles. 1 Neville Farms BPDP Watershed Investments NC iii. Turn Right onto Old Greensboro Highway after passing University Lake. Proceed 1.8 miles. Site entrance is on the left through a driveway right -of -way at address 1426 Old Greensboro Road, Chapel Hill Tract 2: McGee Property i. Follow the above directions to Tract 1 and instead of turning onto the Neville - Gambill property entrance proceed another 0.5 miles and turn left onto Bowden Road. ii. Follow Bowden Road for 1.2 miles and turn Left onto Stansbury Road. iii. Property is at the end of the road. Address is 2201 Stansbury Rd, Chapel Hill, NC 2.0 PROJECT SITE DESCRIPTION 2.1 Land Use Attachment A -Figure 2 has a map of the Site while Table 2.1 provides a summary of Site conditions. The Site is contained on two tracts: Tract 1 is farm owned by the Neville - Gambill Family and Tract 2 is a residential parcel owned by John and Janine McGee's. Attachment A- Figure 2 provides a current aerial of the Site while Attachment I contains on the ground photos of the site. These two properties are further described below: Tract 1— The 112 acre farm includes livestock pasture, woodlots, and hay production. The proposed conservation easement is approximately 4.6 acres and is located on area dedicated to hay production. Portions of the buffer currently have a narrow buffer of trees (10-15 ft) immediately adjacent to the stream. The proposed reforestation is in the 100 year floodplain for Neville Creek. Runoff from the Site flows directly to Neville Creek. Approximately 4.4 acres of land are proposed for the generation of nutrient offset or buffer mitigation credit on this property (Note: As planned, a 0.25 acre portion of the conservation easement will extend beyond 200 ft. from the stream and not be eligible for nutrient or buffer credit). 2. Tract 2 — This property is approximately 8.8 acres of residential land with the pervious areas kept in fescue grass. The proposed conservation easement is approximately 1.7 acres. Portions of the proposed easement area currently have a narrow forested buffer of 10 -15 ft. An area at the lower end of the project site has grown over in blackberry and honeysuckle and are planned to be cleared and reforested to help restore the native tree buffer. Surface water leaves the site directly through drainage to Neville Creek. Table 2.1. Proposed project properties conditions summary. Tract 1 Information Site Owner Property Size Land Use Length of Inadequately Forested jurisdictional Stream / Mitigation Area(Ac) Tract 2 Information Site Owner Property Size Nettie Neville Gambill 112 acres Hay (fescue) *1,200 ft / 4.4 ac John and Janine McGee 8.8 acres 2 Source Orange Co. Tax Records Orange Co Tax Records Site Visit GIS, Orange Co Soils Survey, and Site Visit Source Orange Co. Tax Records Orange Co Tax Records Neville Farms BPDP Watershed Investments NC Land Use Grass (fescue) Site Visit Length of Inadequately Forested *920 ft / 1.7 ac GIS and Site Visit jurisdictional Stream /Mitigation Area (Ac) *Note: Estimates are preliminary and will be re- evaluated with the project survey. 2.2 Watershed Setting Attachment A -Figure 3 provides a map of the Site in context with its watershed setting. Neville Farms is in Jordan Lake's Upper New Hope subwatershed. In addition, the Site is upstream of University Lake, a designated Water Supply Watershed. University Lake is used by the Orange County Water and Sewer Authority to provide water to municipalities that include Chapel Hill and Carrboro. Table 2.2 provides summary of watershed information on the Site. Table 2.2. Site Watershed Information. Watershed Unit HUC 8 Jordan Subwatershed Jordan Small Watershed ID WBD 12 -Digit ID WBD Name NC DWR Watershed Classifications Number 03030002 Upper New Hope 03030002060070 030300020606 University Lake Water Supply II High Quality Water Nutrient Sensitive Water 2.2 Surface Hydrology and Watershed Area The surface water from the Site drains directly to Neville Creek at Assessment Unit (AU) 16- 41- 2- 2 -1 -(1) which subsequently flows to University Lake and then Jordan Lake. As shown in Table 2.3, this AU was not rated in NC DWR's 2014 Water Quality Assessment (NC DWR 2014). Table 2.3. Neville Creek use classification for the project stream at the Site (Source: NC DWR 2014). Assessment Unit I Surface Water Classification 16- 41- 2- 2 -1 -(1) I Not Rated 2.3 Surface Water Determination for the Site Orange County is delegated authority by the NC Environmental Management Commission to conduct determinations on the whether surface water features in their jurisdiction are surface waters and subject to the buffer rules of the State found in 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. Orange County Planning and Inspections assessed the Site and on February 9th, 2015 provided their determination that the surface water features on the site are subject to the Rule. Attachment B provides a copy of this determination. 2.4 Floodplain Assessment The majority of the Site is in the floodplain. The project, however, will not affect areas of the stream and no actions associated with the project are expected to be in conflict with the County or State floodplain management requirements. Orange County's floodplain administrator was notified of the project and 3 Neville Farms BPDP Watershed Investments NC requested to review the proposed project activities and determine if additional actions are needed for project approval. Attachment C contains the Orange County Floodplain Manager's determination that the project "will not require additional floodplain analysis as the reestablishment of vegetation is not deemed to create /impact existing floodways." Further County staff issue "approval for the project from both a zoning and flood permitting standpoint" (Orange County, 2015). 2.5 Geology & Soils The Site is located in the Carolina Slate Belt Level 3 Ecoregion. According to from Griffin et. al (2002), this region contains mineral rocks along with silty and silty clay soils. Also, low water yielding rock in the ecoregion lead to streams drying up in the summer months. Attachment A -Figure 4 provides a map of the soil at the Site. These soils data are summarized in Table 2.4. The predominant soils on the site are Congaree which are well drained loamy alluvium. These have a seasonally high water table and are prone to flooding. Other soils on the site (Appling, Georgeville, and Goldston) are deep, well drained, and have little organic matter. Slopes along the north of the Site contain bedrock outcrops consistent with the Goldston soil series. Table 2.4. Site Soil Types and Descriptions. (Source: USDA. 2015) Soil Unit Project Hydric Hydrologic Soil Description Area ( %) Soil Soil Group ApC Soils are found on slopes and ridges. Deep, well Appling sandy drained soils whose parent material consists of loam, 6 to 10 19.0% No B saprolite. These soils have little organic matter, are percent slopes not flooded or ponded, and with no saturation within a depth of 72 inches. Cp Dominant soil for the site. The soil is found in flood Congaree fine plains with a parent material of loamy alluvium. Soils sandy loam, 0 are moderate in organic matter, deep and moderately to 2 percent 62.0% No C well drained. Soil is frequently flooded with a water slopes, table depth of 39 inches during winter months. frequently flooded GeB Upland and interfluve soil. The parent material Georgeville silt consists of weathered argillite. The soils are deep and loam, 2 to 6 9.0% No B well drained. These soils have little organic matter, percent slopes are not flooded or ponded, and have no saturation within a depth of 72 inches. GeB This soil is found on hillslopes and ridges. The Georgeville silt parent material consists of weathered argillite. The loam, 6 to 10 4.5% No B soils are deep and well drained. These soils have little percent slopes organic matter, are not flooded or ponded, and have no saturation within a depth of 72 inches. G1F This soil is found on hillslopes and ridges. The Goldston parent material consists of weathered argillite. The channery silt o 5.5 /o No D soils may have bedrock within 10 -20 inches of the loam, 15 to 45 surface but are otherwise well drained. These soils percent slopes have little organic matter, are not flooded or ponded, and have no saturation within a depth of 72 inches. 4 Neville Farms BPDP Watershed Investments NC 2.6 Cultural Constraints Cultural resources include historic and archeological resources located in or near the project parcel. The evaluation of cultural focused primarily on the presence of cultural resources as determined by the North Carolina State Historic Preservation Office (SHPO) and through field observations. The SHPO GIS Web Service database did not reveal any listed or potentially eligible historic or archeological resources in the proposed project area (NC SHPO 2015). No architectural structures or archeological artifacts have been observed or noted during surveys of the site. The State Historic Preservation Office (SHPO) has been notified of the proposed project and confirmed that their database contains no record of important cultural resources in the easement area. A copy of their review and response letter is provided in Attachment D. 2.8 Rare, Threatened and Endangered Species Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service ( USFWS) database for Orange County, NC (updated 12/27/2012) lists the following one endangered species classified as Current and 2 as Historic ( USFWS 2012): • Dwarf wedgemussel (Alasmidonta hetemdon) -Current; • Michaux's sumac (Rhus michauxii) —Historic; • Smooth coneflower (Echinacea laevigata) - Historic; The USFWS database also lists the Bald eagle (Haliaeetus leucocephalus) for the County. This species is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary Site evaluations. In addition to the USFWS database, the NC Natural Heritage Program (NHP) was contacted to determine whether previously cataloged occurrences of protected species were mapped within one mile of the project site. A copy of the correspondence with the NHP is included in Attachment E. Results from NHP indicate the following two species have were observed in the year 1940 within a mile of the project area. • Pursh's Wild- petunia (Ruellia purshiana) — A plant species with a status of Special Concern - Vulnerable (SC -V) observed in 1940. Its habitat is woodlands, mostly over mafic or calcareous rocks (NHP 2014). • Coppery Emerald (Somatochlora geoTiana) — A dragonfly SomatochlorageoTiana lacked specific location information so it's observation has low accuracy but it has been observed in Orange County. This species prefers "small, sand, forest streams" as habitat (Paulson 2011). Pursh's Wild- petunia's habitat is predominantly woodland's and on rocks. Existing woodlands and rocks will not be areas subject to planting activities with this project. The dragonfly species Somatochlorageor#ana habitat is forested streams. Most of the Site's riparian areas have a narrow mature tree buffer. Planting activities will remain outside of that buffer with tree planting activities associated with this mitigation project expanding on the tree cover favored as habitat for this species. Based on initial site investigation and species habitat preferences, no impacts to state protected species are anticipated as a result of the proposed project. 5 Neville Farms BPDP Watershed Investments NC 2.9 Existing/ Historic Vegetation The majority of Tract 1 is currently planted in fescue and rye grass for hay production. Tract 2 is a mostly fescue lawn with a mix of other native and planted grasses. Most areas on both sides of Neville Creek have a narrow (10 -15 ft) tree buffer adjacent to the stream that provides some buffer functions. This thin buffer area has a mix of native trees (Gum, Red Cedar, Ironwood, Tulip Poplar, Pine) along with some invasive shrubs (Chinese Privet, Autumn Olive). Historical imagery from 1993 confirms that this land use occurred prior to the existence of buffer protection rules for the area (See Attachment A- Figure 5). Table 2.5 provides a summary of the dominant woody vegetation found in the streamside buffer area. Based on feedback from the Division of Water Resources staff, those areas with existing tree cover will be considered as Buffer Preservation for mitigation purposes. Table 2.5. Observed Native Tree and Shrub Species Common Name Scientific Name Common Name Scientific Name Tulip Poplar Liriodendmn tulipifera Ironwood Carpinus camliniana Sweet Gum Liquidambarstyraciva Loblolly Pine Pinus taeda Red Cedar Jumpers viTimana Spicebush Lindera ben .Zoin Box Elder AcerNegundo Coralberrry Symphoricarpos arbiculatas Invasive plants are present in the existing woodland buffer but are not predominant at the site. Table 2.6 lists invasive species observed at the site. Discussion on the control of existing invasive can be found in the Project Planting Plan found in Section 3. Table 2.6. Observed Invasive Species Common Name Scientific Name Chinese Privet Ligustrum sinense Autumn Olive Elaeagnus umbellate Japanese Honeysuckle Lonicerajaponica 3.0 PROJECT PLANTING PLAN 3.1 Riparian Restoration Activities The restoration of plant communities within the Site will provide stabilization and improve water quality within the parcel. The protected buffer easement will be planted with appropriate native species observed in the surrounding forest and species known to occur in similar environments. The Tract 1 current land use is predominantly hay (both fescue and rye grass) along with mostly fescue lawn mixed with other grasses for Tract 2. No livestock will have access to the easement area. The buffered channels will provide water quality and habitat functions within the Nutrient Sensitive Waters of Jordan Lake. Some areas of the easement may require maintenance to prevent the establishment of invasive and /or exotic species. Pre - planting treatment will be used to help remove these species limit the need for these maintenance activities. 0 Neville Farms BPDP Watershed Investments NC 3.2 Planting Plan Revegetation of the Site will include planting bare root trees and controlling invasive species growth. To achieve a minimum stem density of 260 stems /acre after 5 years, planting density will be at least 436 stems /acre on 10 foot x 10 foot spacing. Volunteer species at the Site may be considered by the Division to county toward meeting these performance standards. The initial planting of bare root trees will occur in the Fall/Winter of 2015/2016 when tree species are dormant. Recruitment of volunteer species in the floodplain is anticipated due to forests that exist upstream and on the stream bank, The Site consists predominantly of bottomlands which will be planted as Piedmont Alluvial Forest. When planting, at least four (4) species from Table 3.1 will be selected for the site with no one species comprising more than 50% of the total planted stems. Table 3.1. Planned Tree Species for the Neville Farms Riparian Planting. (Note: Species availability may result in the substitution of regionally appropriate native species.) Common Name Scientific Name Common Name Scientific Name Yellow Poplar Liriodendron tulipifera Swamp Chestnut Oak Qurercus michauxii Eastern Redbud Cercis Canadensis Cherrybark Oak Quercus pagoda Sycamore Platanus occidentalis Sycamore Platanus occidentalis River Birch Betula nigra Tulip poplar Liriodendron tulipfera Green Ash Fraxinus penn ylvanica 3.3 Riparian Preservation Activities A narrow buffer exists on the site along portions of Neville Creek. This area was reviewed by the Division of Water Resources and determined eligible for Buffer Preservation (see Attachment G). Preservation areas will be included in the conservation easement and invasive species populations that threaten the integrity of the native hardwood community will be controlled. 3.4 Site Preparation and Invasive Species Control Soil conditions at the site are not compacted and not in need of disking to rip and loosen the soon. The main focus of site preparation will be to treat and remove invasive species listed in Table 2.6 in buffer preservation and restoration areas. Invasive species management of existing woody invasive plants within the existing woodland buffer will take place during the late fall and winter of the first year. Larger shrubs may be treated as a cut stump treatment while smaller vegetation is sprayed. Any applications will completed by a NC licensed pesticide applicator. In addition, within the planting areas of Tract 1 and Tract 2 herbaceous competition management will be conducted as necessary during the first full growing season. Herbaceous competition management will consist of mowing as well as targeted herbicide spraying of such species as blackberry, honeysuckle, and Johnson grass. 3.5 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Site and adjacent properties. Boundaries may be identified by marker, bollard, post, tree- blazing, or other means as allowed by site conditions and/ or conservation easement. Boundary markers disturbed, damaged, or destroyedwill be repaired and/ or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and reported to NC DWR. 7 Neville Farms BPDP Watershed Investments NC 4.0 PROJECT MONITORING AND PERFORMANCE STANDARDS Pursuant to criteria found in the Temporary Buffer Rule 15A NCAC 02B .0295 and Neville Farms Mitigation Banking Instrument, the measures of vegetative success for the Parcel will be the survival of at least 260 planted trees per acre at the end of Year 5 based on monitoring of the site. Meeting this success criterion will allow for the transfer of reassignment of credits from buffer to nutrient offset if needed. Natural recruits will not count towards annual achievement of performance standards; however they may be taken into account during review by the NC DWR. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the site. 4.1 Project Monitoring Plan Riparian buffer vegetation monitoring will be based on the CVS -EEP Protocol for Recording Vegetation Level 2 Plot Sampling Only Version 4.2. Annual vegetation monitoring will occur each year during the fall season with the first year occurring at least 5 months from initial planting. Six (6) vegetation monitoring plots will be a minimum of 0.02 acres in size, and cover approximately two percent of the planted area. Data collected will include plots: species, height, planting date (or volunteer), and grid location. 4.2 Adaptive Management Plan In the event that the Site, or a specific component of the Site, fails to achieve the defined performance standards, WINC will develop necessary adaptive management plans and /or implement appropriate remedial actions for the Site in coordination with the NC DWR. Remedial actions will be designed to achieve the performance standards specified previously, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. 4.3 Long Term Management Plan WINC, acting as the Bank Sponsor, will establish a Conservation Easement, and will monitor the Site for a minimum of five years, or until NC DWR approval has been given. Prior to the submission of the 4th year monitoring report, the Site will be transferred to a responsible third party. The third party shall be responsible for periodic inspection of the Site to ensure that restrictions required in the Conservation Easement or the deed restriction document(s) are upheld. Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to site transfer to the responsible party. The Bank Sponsor will ensure that the Conservation Easement will allow for the implementation of the monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Site. These activities will be conducted in accordance with the terms and conditions of the Watershed Investments NC Jordan Lake Riparian Buffer and Nutrient Offset Mitigation Banking Instrument made and entered into by Watershed Investments NC, LLC and NC DWR. 8 Neville Farms BPDP Watershed Investments NC 5.0. FINANCIAL AssuRANCE The Sponsor shall provide financial assurances in the form of a Performance Bond sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required. The amount of this assurance is driven in part by the Site meeting requirements outlined by the Division in a memo released on 4 -2 -14 (See Attachment F). In the memo, the Division outlines criteria that allow for a site to seek performance bond amounts commensurate with project costs. To qualify, sites must meet the following criteria: • Project is for riparian restoration by approved private mitigation bank; • Project is 10 acres or less in size; • Project is not adjacent to pasture and does not include fencing; and • Project does not include stream and /or wetland mitigation. The Neville Farms Bank Parcel meets the above criteria. As a result, performance bond amounts will be based, in part, on project specific costs. Tables 5.1 and 5.2 detail the project costs related to construction and monitoring of the site, respectively. Construction costs for the project are determined to be $40,300 while monitoring costs are $39,000. Table 5.3 provides a list of the consultants and contractors who are planned to work on the Bank. To comply with DWR policy, a performance bond must be acquired to cover 100% of construction cost or $50,000, whichever is greater. For monitoring, the bond must cover the monitoring costs or, at a minimum, be in the amount of $25,000. Accordingly, bond amounts of $50,000 and $40,000 will be secured to comply with the financial assurance requirements of the State for construction and monitoring, respectively. Alternatively, in lieu of posting the Construction Bond, the Sponsor (WINC) may elect to construct the project prior to the first credit release. Financial assurances shall be payable at the direction of the NC DWR to his designee or to a standby trust. 9 Neville Farms BPDP Watershed Investments NC Table 5.1. Planned Construction Costs Activity Quantity Cost Application/ Attorney Fees Total per Unit Handling Fees Other Changes Cost Mitigation Banking Document 1 $2500 $50 $0 $2,550 Bank Parcel Development Package 1 $7500 50 $0 $7,550 Document As -Built Report 1 $4,000 $4,000 Establishment of Vegetation Plots 6 $300 $1,800 GIS / Mapping 1 $3500 $3,500 Survey 2 $2,000 $4,000 Filing of Conservation 2 $550 $1,100 Easement /Deed Site Preparation 1 $4,800 $4,800 Herbicide 1 $700 $700 Plants /Planting 2600 $3 $7,800 Fertilizer 0 0 Planting Contractor 1 $2,500 $2,500 Equipment Costs $0 +I $0 Total Planned Construction Costs $40,300 Table 5.2 Monitoring & Maintenance Costs Cost (per Consultant Total Monitoring Tasks Quantity Unit) Fees Cost Vegetation Plot Data Collection 6 plots $1,500 $6,000 $15,000 Data Analysis 5 years $600 $3,000 Report Documentation 5 reports $1,800 $6,000 Total $24,000 Maintenance & Adaptive Management Tasks (if needed) Herbicide / Vegetation Control 4 $2,000 $8,000 Herbivory Control 2 $1,000 $2,000 Replanting 1 $2,500 $2,500 Total $12,500 Stewardship Inspections 10 $250 $2,500 Total $2,500 Monitoring and Maintenance Costs Total $39,000 10 Neville Farms BPDP Watershed Investments NC Table 5.3. Contractors /Consultants for completion, monitoring and construction of the Site. Site Prep and Planting Contractor Surveying Bruton Natural Systems K2 Design Group PO Box 1197 5688 US Hwy 70 East Fremont NC 27830 Goldsboro, NC 27534 naturalsystems @embargmail.com k2design@suddentink.net 919- 242 -6555 919- 751 -0075 Conservation Easement Preparation Harriss & Marion, PLLC 3326 Durham - Chapel Hill Blvd P.O Box 51009 Durham, NC 27717 joe @hmattorneys.net 919- 493 -8421 Monitoring Services Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 919- 215 -1693 glewis @axiomenvironmental.org 6.0 MITIGATION POTENTIAL Banking Documents and Reports Preparation Watershed Investments NC 1630 Weatherford Circle Raleigh NC 27604 mherrmann @watershedinvestmentsnc.net 919- 559 -6264 The Neville Farms Site presents 6.3 acres of permanent conservation easement in Orange County, North Carolina. The purpose of this project is to generate Jordan Lake riparian buffer restoration, preservation, and nutrient offset mitigation credits. Communication from the Division confirms that the site qualifies for these types of crediting (See Attachment G). Nutrient and buffer credits will not be debited for the same area (not stacked). However, with DWR approval, WINC may transition unsold credits between credit types to satisfy market demands. The Neville Farms Bank will service impacts within the Upper New Hope Subwatershed of Jordan Lake. The total potential buffer and nutrient mitigation credits that the Neville Farms Bank will generate are summarized in the following sub - sections. 6.1 Buffer Mitigation Potential As noted in the Neville Farms Mitigation Banking Instrument, buffer credit determination is subject to the Temporary Buffer Rule 15A NCAC 02B .0295(h). Figure 6 identifies the buffer zone areas. Table 6.1 provides a summary of the buffer credit calculation for each zone and the totals for the Site. The Site is consistent with applicable state guidance and the provisions of the Neville Farms Mitigation Banking Instrument (MBI). The legal limits of the Site have not been finalized Upon approval of this BPDP 11 Neville Farms BPDP Watershed Investments NC and completion of the Site, a conservation easement survey and final recorded plat will be submitted to the Division for approval with the project's as -built survey. In accordance with Rule 15A NCAC 02B .0295, the width of the buffer /nutrient credit generation area will begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward to a maximum distance of 200 feet. Preservation areas meet the requirements described in .0925 (m)(2)(D) — Preservation of Buffers on Subject Streams. Restoration areas meet the requirements of .0295(1) — Riparian Restoration or Enhancement. Nutrient Offset credits sought are consistent with rules 15A NCAC 02B.0240 and .0273. Table 6.1. Neville Farms Buffer Credit Summary Buffer Credit Tract 1 Tract 2 Total Zone (ac) (ac) Acreage Buffer 0.680 0.675 1.355 Zone A Restoration (0 -50 ft) Buffer Nutrient Preservation Qualifying Area Buffer Zone B Restoration (51 -100 (lbs /ac) (ac) Buffer ft) Nitrogen 2169.26 Preservation 8017.595 Buffer Zone C Restoration (101 -200) Buffer Preservation 0.658 0.511 1.169 1.286 0.443 1.728 0.0 0.023 0.023 1.730 0.036 0.0 0.0 Credit Per Acre 43,560 4,356 43,560 4,356 1.766 21,780 0.0 2,178 Total Buffer Restoration Total Buffer Preservation Total Buffer Credit Potential Mitigation Assets 59,024 ft2 5,092 ft2 75,272 ft2 100 ft2 38,464 ft2 0.0 172,760 ft2 5,192 ft2 177,952ft2 Sought Mitigation Credit 0 5092 ft2 0 100 ft2 0 0 0 5192 ft2 5192 ft2 6.2 Nutrient Credit Potential Based on guidance from the DWR found in Attachment G, Tract 1 and Tract 2 required differing methods to develop available nutrient credits. Table 6.2 summarizes the nutrient credit available from Tract 1. For Tract 1, the nutrient credit available is the product of the qualifying restoration area 3.696 acres multiplied by the approved credit yield for nitrogen and phosphorus found in the MBI (2169.26 N lbs /ac and 143.81 P lbs /ac). Table 6.2. Tract 1 Nutrient Credit Potential. Nutrient Credit Yield Qualifying Area Available Credit (lbs /ac) (ac) (lbs) Nitrogen 2169.26 3.696 8017.595 Phosphorus 143.81 3.696 531.522 12 Neville Farms BPDP Watershed Investments NC While still riparian restoration, Tract 2's predominant residential land use led the Division to require an alternative credit calculation method than that used for Tract 1. The Division advised that, to calculate the nutrient credit for Tract 2, the Jordan-Falls Stormwater Accounting Tool should be used. Based on the application of that Tool, the nutrient offset credit available for Tract 2 is 1091.10 lbs N and 243.00lbs P. Attachment H provides a summary of the Division's approval of Tract 2's credit calculation along with a summary of the methods used in the calculation. To comply with the requirements of 15A NCAC 02B.0273 (2) (d) (i), nutrient credit sales will need to "account for differences in instream nutrient losses between the location of the reduction need and excess loading reduction in reaching the affected arm of Jordan Reservoir". To accomplish this, delivery factors are applied to reductions generated at Neville Farms to calculate the nutrient pounds delivered to Jordan Lake. Loading reduction sales, therefore, will take into account nutrient deliveries to the lake. Table 6.3 summarizes nutrient credit generated for each Tract of Neville Farms, the delivery factors to account for instream losses, and the credits based on pounds delivered to the lake. Table 6.3. Neville Farms Delivered Nutrient Credit Potential As indicated in the Site's MBI, project credits may be converted from nutrient to buffer with Division approval. For purposes of credit conversion from nutrient offset to buffer, the following ratios shall apply: • Tract 1: 1 square ft. of buffer = 0.0498 lbs of nitrogen and 0.0033 lbs of phosphorus • Tract 2:1 square ft. of buffer = 0.0209 lbs of nitrogen and 0.0047 lbs of phosphorus 13 Neville Farms BPDP Watershed Investments NC Tract 1 Tract 2 Generated Delivery Delivered Credit Nutrient (lbs) (lbs) Cre (itb>otal Factor Total (lbs) Nitrogen 8,243.19 1,091.10 9334.29 TBD TBD Phosphorus 546.48 243.00 789.48 TBD TBD As indicated in the Site's MBI, project credits may be converted from nutrient to buffer with Division approval. For purposes of credit conversion from nutrient offset to buffer, the following ratios shall apply: • Tract 1: 1 square ft. of buffer = 0.0498 lbs of nitrogen and 0.0033 lbs of phosphorus • Tract 2:1 square ft. of buffer = 0.0209 lbs of nitrogen and 0.0047 lbs of phosphorus 13 Neville Farms BPDP Watershed Investments NC 7.0 REFERENCES: Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H.,Lenat, D.R., and MacPherson, T.F., 2002, Eregions of North Carolina, U.S. Environmental Protection Agency, Corvallis, OR. NC Natural Heritage Program. 2014. NC Natural Heritage Program List of Rare Plant Species of North Carolina. Onlineathtti): / /t)Ortal.ncdenr.OYg /c /document library /get file?uuid=4eaaf9f2-e30b- 4c19- 809b- fcb12e0daffl &/roupId= 61587. Accessed 4/24/15. NC State Historic Preservation Office. 2015. HPOWEB GIS Service. Online athttp: / /gis.ncdcr.gov /bpoweb/ (Accessed 4/7/15) NC Division of Water Resources. 2014. 2014 NC Water Quality Assessment for 305(b). Online at: htta: / /t)ortal.ncdenr.orL,/web /wo /ns /mtu /assessment. NC Division of Water Resources. 2015. Site Viability Response Letter. 4/6/15. Orange County, NC. 2015. Orange County Flood Determination Response Letter. 4/9/2015. Paulson, D. 2011. Dragonflies and Damselflies of the East. Princeton University Press. 544pg. Shafale, M. P., and Weakley, A.S. 1990. Classification of the natural communites of North Carolina, third approximation. NC Department of Environment and Natural Resources, Natural Heritage Program. Raleigh, NC. U.S. Department of Agriculture. 2015. Web Soil Survey Report. Accessed online 3/15/15 http: / /websofsurvev.sc.egov.usda.gov /App /HomePa-ae.htrn U.S. Fish and Wildlife Service. 2012. Endangered and Threatened Species and Species of Concern by County for North Carolina. Online athttp://www.fws.gov/raleigh/s ecies/cntvlist/oran�e.htm1 (Accessed 4/8/15). 14 Neville Farms BPDP Watershed Investments NC LIST OF ATTACHMENTS Attachment A. Supporting Figures Figure 1. USGS Topographic Map Figure 2. Project Site Map Figure 3. Watershed Setting Figure 4. Soils Map Figure 5. Historic Use Figure 6. Buffer Zones /Proximity Map Attachment B. Orange County Stream Determination Attachment C. Orange County Floodplain and Project Review Attachment D. State Historic Preservation Office Review Attachment E. Natural Heritage Program Review Attachment F. Division of Water Resource Financial Assurance Guidance Memo Attachment G. Division of Water Resource Project Viability Letter Attachment H. Division of Water Resource Nutrient Credit Calculation for Tract 2 Attachment I. Site Photos A Neville Farms BPDP Watershed Investments NC ATTACHMENT A. Supporting Figures Figure 1. USGS 1:24,000 Topo Map & Site Location d# F. 1 �'� I` A 3� f�� d• i CI+ zt7 ' I T Project Site illt r d i r - !} ; J �+ - -_A Oak' y A -1 WATT{R SHIT} ,:drr��esrrrrcrr,�x.�t ^l m r--F Legend �te m Ossipee Projert Pr4pedie5 JE Ion Haw River Streams {from Topo map) Creed ecr Elihn er° Graham Hillsborough Cou my Boundary Alamance DSATopo Maps Orange Parcel Boundaries Chapel Hill Durham 'arrbor Raleigh L• i berty rri —ille Staley Map Location Si ler Cary City PlttsbOrrD pex Garner Holly Springs San ord A -1 WATT{R SHIT} ,:drr��esrrrrcrr,�x.�t ^l m r--F Legend Neville Farms Site Projert Pr4pedie5 Streams {from Topo map) Raeds 111���9 Cou my Boundary DSATopo Maps Orange Parcel Boundaries Figure 2. Project Site Map. (See Attachment I for photos associated with photo points.) A -2 Figure 3. Neville Farm Watershed Setting /Service Area. 21 r _ -'t ,1 Upper New Hope " . ~ Subwatershed ham; ORANGE DURHAhh r Project Site I ss\; f.. Location li,nn4;,} i t,,,yei HJci l` 1 - 54 '751 540 Y . 4 fig:.! CHATHAM ;Ior °rla►r Lake s , � � At', _. 15 Ile � �b v.e _ __ I - _ U7• "right �iiyt 1�tian�u en rapt ., is 5 iet l_Uked. J. Legend Roads Upper New Hope Neviiie Farm Properties —J County Boundary Stream slWaterbod ies A r WPLTERSHED ' .Inv�st�raerzts A -3 STONES II— '� {� P�'(tERSON I —� NORTHAMP ON; ROCK @NGHAM 7CASWELL i I VAHt�,4 r} A. .ems .� -. --� _ + GRANVELLE J 1 'FORSYTH -- — / I`1 DII fiHA IM 1�� •H`LIFAX IGDILF ORD OR Kf�EL i I FRANKLIN f i ` C�bPe 1 '1NA`t J NASH — "- ALAPIIANCE l New yHope DAVIDSON rCHATHA6 P rene PH t�+ei t vuILSON f � Jordan Lake _ -- Subwateishe_ dsr JOHNSTON 7 STAN LY MOORE LEE H�E T SWAYNE MONTGOMERY ) — SAMPSON_� �. Figure 4. Neville Farm SSURGO Soils Map (Source: USDA 2015) 54 `Carr6ora 1 ► "!M Map Location 0 245 490 Feet A -4 Neville Creek Planned Easement Boundary Mapunit Symbol ApB - ApC Cp GeB GeC GIF ® County Boundary Figure 5. Historic Land Use — 1993 Aerial Imagery. A -5 6. Buffer Zones /Site Proximi r J xKP, r� x ' r IA'i ; JIM >! `;Investments w� A -6 t f Legend Neville Stream N7Presery ation Areas Planned Easement Buffer Zone A i0 - 50ft} B (51- 100ft) C (101 - 200ft) Project Properties Roads 0 185 a N A 370 Feet Attachment B. Orange County Stream Determination Documentation From: Wesley Poole <wpoole @orangecountync.gov> Sent: Monday, February 9, 2015 4:55 PM To: 'mherrmann' Cc: 'katie.merritt @ncdenr.gov'; Howard W. Fleming Subject: RE: Orange County - Jordan Lake Stream Call for potential Nutrient Offset /Buffer Credit - Neville Farm Attachments: Site Assessment Map (PIN 9767295479 ) 2 SMS 02- 09- 15.pdf Mike / Katie, I had our Current Planning Division here at Orange County put together the attached "Site Assessment" showing current environmental conditions on the southernmost property bordering the stream in question. This is a standard document given to citizen's inquiring about parcels of land. Our system is organized by PINs instead of physical addresses or latitudes / longitudes, but you should be able to easily cross reference the supplied data. The stream in question is shown on both the USGS and Soil Survey, hence portrayal on our GIS System. It also has associated floodway / floodplain with approximate required Orange County stream buffers as shown. With regards to the question of it being a jurisdictional stream subject to buffer rules ... Orange County is delegated by DWR to conduct Surface Water Determinations and our protocol is as follows: a stream is considered as jurisdictional if it shows up on the Orange County GIS System (a collection of both USGS and Soil Survey Streams) and can only be removed by staff certified in Surface Water Identification after a jurisdictional call of removal is made at the required cost for assessment ($200 for 1 -2 Determinations /Site ). Our aerial imagery clearly shows the section of Neville Creek in question as a "water flowing" feature, so I saw no reason for a site visit at the expense of the client. This imagery can be viewed at the following link: htti): / /server2.co.oran.Re .nc.us /Oran.ReNCGIS /default.asi3x Please advise if further verification is needed. Thanks, Wesley Poole Erosion Control & Stormwater Officer II Orange County Planning & Inspections Dept. (919) 245 -2587 From: mherrmann Finai Ito: mherrmann (&watershedinvestmentsnc.netl Sent: Monday, February 09, 2015 8:05 AM To: Wesley Poole Subject: FW: Orange County - Jordan Lake Stream Call for potential Nutrient Offset /Buffer Credit - Neville Farm Hi Wesley — Would you be able to provide the documentation that Katie mentions? I think the assessment you referenced would be good supporting evidence but I'll also need documentation from you or someone else at the county who can make stream determinations that the stream section on Neville Creek is subject to the buffer rules. The lat /long for the site that I've been using is 35.891902 N, - 79.128051 W. 1 FLVA ME From: Merritt, Katie fmailto :katie.merritt@ncdenr.aovI Sent: Friday, February 6, 2015 3:09 PM To: mherrmann Cc: wo00le(d)oranaecountvnc.4ov Subject: RE: Orange County - Jordan Lake Stream Call for potential Nutrient Offset /Buffer Credit Neville Farm Hi Mike, An email from Orange County will suffice. Ask for the exact location (physical) and long /lat of the feature they are making the jurisdictional call on. Thank you, katie From: mherrmann fmai Ito: mherrmann @watershedinvestmentsnc.netl Sent: Friday, February 06, 2015 12:39 PM To: Merritt, Katie Cc: wpoole(d)oranaecountvnc.cIov Subject: FW: Orange County - Jordan Lake Stream Call for potential Nutrient Offset /Buffer Credit - Neville Farm Hi Katie — I contacted Wesley Poole from Orange County Soil and Water about the Neville Farm site I reference in the email I'm forwarding. Due to the size of the stream he observed on aerial photography and its presence on the 1:24,000 topographic map, Mr. Poole determined that the stream section in question would be jurisdictional and subject to the buffer rule and that a field determination was not necessary. What information would you like me to have to document his determination? -Mike p.s. I left you a voicemail this morning regarding this. Please feel free to respond via email or phone. Mike Herrmann 1630 Weatherford Circle Raleigh, NC 27604 (p) 919- 559 -6264 mherrmann nwatershedinvestmentsnc .net wxw.watershedinvestmentrnc. net This electronic mail communication may contain privileged, confidential, and /or proprietary information which is the property of Watershed Investments NC, LLC or one of its affiliates. If you are not the intended recipient or an authorized agent of the intended recipient please delete this communication and notify the sender that you have received it in error. 1i Site Assessment for PIN:9767 -29 -5479 Site Data Zoning: RB Acreage:8.79 acres within Orange County Overlay Districts: University Lake Protected Plat /Legal Description: DB 4978 / PG 491 Plat Book 497 / PG 591 Recorded Declarations /Covenants: Zoning Requirements Min. Lot Size: 87,120 sq. ft. Min. lot width: 130' Maximum height: 25' Building Setbacks: -Front (and Corner lots) = 40' from public rights -of -way -Side Setbacks = 20' from side lot lines -Rear Yard Setback = 20' from rear lot lines Note: Lot size, building setbacks and stream buffers may increase based on Private Road Justification (UDO 7.8.5). Environmental Features - Stream buffer and /or Floodplain located on lot. 200' grass stream buffer. Some wooded areas on northern property may qualify for 100' woods buffer. -Base Flood Elevation (BFE) is: 422 - Finished Floor Elevation (FFE) is : 424 Impervious Surface Limits: 6% max. (22,973.5 sq ft. max based on 8.79 acres). Land Disturbance Thresholds 1) Environmental Control Permit required if disturbing more than 10,000 sq.ft.; and 2) Stormwater Management Permit required if disturbing more than 43,560 sq. ft. for residential structures. Date Site Assessment Completed:2 /9/2015 by SMS 0 38 � -, ,-„ iniversity L e 0 Soil: GeB Q b3 N Protecte _ . 'L A30 ��Zgs� ,Watersh' N \ CHAPEL HILL, NC 27516 B -3 0 50 100 D r;` ti� Feet 476 Streams (Deleted) - 2' Contours (NCDOT) 100 YR Floodplain — USGS Stream D Parcels (Effective 02/02/07) —• Soils Survey Stream r9Zoning Floodway Floodplain Buffer 65ft Watershed (Effective 02/02/07) RB 500 Year Floodplains •`Soils (Effective 02/02/07) . PIN #: 9767295479 p JOHN THOMAS MCGEE Map prepared by Orange County Planning & Inspections. N JANINE M MCGEE S�'Q 2201 STANSBURY RD N ,e 1 inch = 200 feet CHAPEL HILL, NC 27516 B -3 0 50 100 > Feet 476 Streams (Deleted) - 2' Contours (NCDOT) 100 YR Floodplain — USGS Stream D Parcels (Effective 02/02/07) —• Soils Survey Stream r9Zoning Floodway Floodplain Buffer 65ft Watershed (Effective 02/02/07) Stream Buffer 65ft 500 Year Floodplains •`Soils (Effective 02/02/07) Data shown on this map is obtained from Orange County GIS and is for reference only Exact locations and boundaries should be verified. Map prepared by Orange County Planning & Inspections. 497• 02/09/2015 - smschultz N ,e 1 inch = 200 feet B -3 0 50 100 Feet Attachment C. Orange County Floodplain and Project Review. ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning (919) 245 -2575 (919) 644 -3002 (FAX) www.co.orange.nc.us 131 West Margaret Lane P O Box 8181 Hillsborough, North Carolina, 27278 April 9, 2015 Mike Herrmann 1630 Weatherford Circle Raleigh, NC 27604 RE: ORANGE COUNTY FLOOD PERMIT DETERMINATION — proposed establishment of conservation area and replanting of vegetation within identified Special Flood Hazard Area (SFHA) Overlay District for 2 parcels of property (PINS 9768 -11 -1753 and 9767 -29 -5479) To Whom It May Concern: Orange County is in receipt of a Floodplain Development Permit proposing the reforesting of property within an identified floodplain. Specifically, the project will involve the planting of native trees along Neville Creek to on the following parcels: 1. An approximately 112 acre parcel of property owned by Nettie Gambill, no assigned physical address, identified utilizing Orange County Parcel Identification Number (PIN) 9768 -11 -1753, and 2. An approximately 8.7 acre parcel of property owned by John and Janine McGee with a physical street address of 2201 Stansbury Road further identified utilizing Orange County Parcel Identification Number (PIN) 9767 -29 -5479. The parcels identified herein are both zoned: • Rural Buffer (RB), • University Lake Protected Watershed Protection Overlay District, and • Special Flood Hazard Area Overlay District (SFHA) The SFHA district, as you are already aware, indicates there is identified floodplain on the 2 properties, as denoted on Federal Insurance Rate Maps (FIRM) number 3701983100J panel(s) 9768 and 9767 J respectively with an effective date of February 2, 2007 (hereafter `the property'). C -1 The project is intended to reestablish protective vegetative cover along the aforementioned waterway. According to the information supplied to staff the project will not involve the excavation existing land, or the depositing of fill material, within the floodplain. The submitted map does not indicate the presence of wetlands within the project area (hereafter `the project'). As a result of the properties being located within the SFHA district, development projects are required to demonstrate compliance with established flood regulations as embodied within the Orange County Unified Development Ordinance (UDO). The County also has regulations requiring the protection of the natural areas around water features (i.e. stream buffers) regulations as detailed within Article 6 of the UDO. Staff has been asked to review the proposal and determine compliance with applicable County regulations. This project involves the review of several agencies, most notably the NC Department of Environment and Natural Resources (DENR), in determining the viability of the project. This letter only focuses on any local (i.e. Orange County) permit standards and does not presume to identify requirements associated with any other permitting process. Upon review of the proposal, staff would like to offer the following comments: 1. The request has been submitted in accordance with the provisions of Section 2.6.2 Floodplain Development Permit and Certificate Requirements — Plans and Application Requirements of the UDO. 2. Per Section 6.13.6 Stream Buffers — Uses Allowable Within Stream Buffers of the UDO `restoration of stream buffers' is allowed as a `matter of right' within identified stream buffers. 3. In reviewing the submitted plan the project does not call for the depositing of fill material within the identified floodplain or the floodway. Grading activities will be limited to those portions of the project requiring the actual disturbance of land area for the purpose of re- establishing native vegetation. 4. In reviewing the submitted site plan there does not appear to be any alteration of existing grade or the `mass grading' of property to accommodate the project. 5. Per Section 6.6.1 (14) of the UDO disturbance projects within identified floodplains shall: `minimize flood damage consistent with these and other applicable County regulations'. Based on the submitted documentation it would appear the project will comply with applicable development guidelines associated with the SFHA Overlay District and is consistent with FEMA regulations governing land disturbance activities within identified floodplain areas. Based on the submitted documentation, and in accordance with Section 2.6.2 of the UDO, staff can issue approval for the project, from both a zoning and flood permitting standpoint. The project will not require additional floodplain analysis as the reestablishment of C -2 vegetation is not deemed to create /impact existing floodways. The project, in fact, will help to bring the property back into compliance with applicable stream buffer regulations and further stabilize the banks of Neville Creek. Please note land disturbing activities shall be permitted to commence once all other required permitting processes have been adhered to, including any applicable Erosion Control permits issued by Orange County and any required State/Federal permits, with copies of said authorizations being provided to the County for our records. The Orange County Planning department looks forward to continue working with you on this project. Please contact staff at (919) 245 -2575 for additional assistance. CC: Craig Benedict, Planning Director Howard Fleming Jr, Erosion Control Wesley Poole, Erosion Control James Bryan, Staff Attorney File Sincerely, t, Michael D FTaive� CFO, CZO Current Planning Supervisor Orange County C -3 Attachment D. State Historic Preservation Office Review �.�. SfAT@ m. iryy (A91 V North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz March 10, 2015 Mike Herrmann Watershed Investments 1630 Weatherford Circle Raleigh, NC 27604 Office of Archives and History Deputy Secretary Kevin Cherry Re: Neville Farm Nutrient and Buffer Mitigation Bank Site, Orange County, ER 15 -0389 Dear Mr. Herrmann: Thank you for your letter of February 21, 2015, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or environmental .reviewna,ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �5eRamona 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 D -1 Attachment E. Natural Heritage Program Project Review NCDENR North Carolina Department of Environment and Natural Resources Office of Land and Water Stewardship Pat McCrory Bryan Gossage Donald R. van der Vaart Governor Director Secretary February 27, 2015 Mr. Mike Herrmann Watershed Investments NC 1630 Weatherford Circle Raleigh, North Carolina 27604 mherrmann @watershedinvestmentsnc .net RE: Neville Farms Nutrient and Buffer Mitigation Bank Site, Orange County, North Carolina Dear Mr. Herrmann: Thank you for the opportunity to provide information from the North Carolina Natural Heritage Program ( NCNHP) database for the proposed project referenced above. The NCNHP database shows a record for a rare species — Pursh's Wild- petunia — that may occur within or nearby the proposed project area, and also a property owned by Orange County and considered to be Orange County open space immediately east and adjacent to the project area along Neville's Creek. Within one mile of the project area, the NCNHP database shows element occurrence records for the following rare species: ELEMENT OCCURRENCE STATE FEDERAL SCIENTIFIC NAME COMMON NAME STATUS ACCURACY STATUS STATUS Ruellia purshiana Pursh's Wild- petunia Historical Low SC -V - -- Somatochlora georgiana Coppery Emerald Historical Very Low SR - -- *For status and accuracy definitions, please see the Rare Species Status Definitions and Element Occurrences documents at htti)s: / /ncnhde.natureserve.orR /content /help. The occurrence record for Pursh's Wild- petunia is from a dry road bank in the vicinity of Neville's Creek near University Lake, and is mapped in the NCNHP database as potentially occurring within your project area. Although the record for Pursh's Wild- petunia is considered to be historical, the last observation was made in 1940 by Al Radford and according to the NCNHP database the area has not been surveyed since the original observation. The occurrence record for Coppery Emerald has very low accuracy due to the lack of site - specific locational information associated with the record, but this species has been documented in Orange County. In addition, the NCNHP database shows several conservation /managed areas within one mile of the project area, including the property owned by Orange County adjacent to the eastern portion of the project area as noted above, as well as other Orange County open space properties upstream and downstream from the project, a conservation easement managed by the Triangle Land Conservancy ca. 0.45 miles east of the project, and properties under conservation easement managed by Earthmark North Carolina, LLC, located ca. 0.9 miles northwest of the project area. 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 Phone: 919 - 707 -8600 \ Internet: www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper E -1 Neville Farms Nutrient and Buffer Mitigation Bank Site, Orange County, North Carolina February 27, 2015 Page 2 The locations of natural areas and conservation /managed areas near the project area may be viewed by accessing the Natural Heritage Data Explorer online map viewer, or by downloading and using Geographic Information System (GIS) data; both options are available from the NCNHP Data Services webpage (www.ncnhi3.org). Please note that occurrences of rare species documented within one mile of the proposed project area increase the likelihood that these species may be present within the project area if suitable habitat exists. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found during field surveys, the NCNHP would appreciate receiving this information so that we may update our database. Thank you for your inquiry, and please feel free to contact me at Allison.Weaklev @ncdenr.gov or 919- 707 -8629 if you have questions or need additional information. Sincerely, J Allison Schwarz Weakley, Conservation Planner NC Natural Heritage Program E -2 Attachment F. Division of Water Resources Project Viability Letter A�;,,A. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 6, 2015 Mike Hermann Watershed Investments NC, LLC 1630 Weatherford Circle Raleigh, NC 27604 (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Neville Creek Near 1501 Old Greensboro Rd, Chapel Hill, NC Orange County Dear Mike, Donald R. van der Vaart Secretary On February 13, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a request from Watershed Investments NC, LLC (WI) for a site visit near the above - referenced site to determine the potential for nutrient offset and Jordan riparian buffer mitigation. On March 24, 2015, Ms. Merritt performed a site assessment of two properties near the subject site, which are more accurately described in the attached aerial map. If approved, mitigating these properties could provide riparian buffer credits and /or nutrient offset credits within the Upper New Hope Watershed of the Cape Fear River Basin. Ms. Merritt's evaluation of the two properties' for buffer and nutrient offset mitigation is shown below: Gambill Property • Stream onsite is Neville Creek and was determined to be at least Intermittent by the Town of Chapel Hill (email from Wesley Poole with Orange County on February 9, 2015). • The narrow forest fringe along Neville Creek was described to be mature with a closed canopy the entire length of Zone 1 of the proposed mitigation area. Therefore, Zone 1 is viable for buffer preservation only and suitable for buffer mitigation credit only. • The existing land use condition within Zone 2 of the Jordan buffer (21 -50') was determined to be active hay crop cultivation. Therefore, Zone 2 is viable for buffer restoration and suitable for either buffer mitigation credit or nutrient offset credit. • The existing land use of the riparian area located outside of the Jordan buffer (51 -200') was determined to be active hay crop cultivation. Therefore, this area is viable for riparian restoration and suitable for either buffer mitigation credit or nutrient offset credit. McGee Pronertv Stream onsite is Neville Creek and was determined to be at least Intermittent by the Town of Chapel Hill (email from Wesley Poole with Orange County on February 9, 2015). Division of Water Resources - 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -6300 \ FAX: 919 - 807 -6494 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper F -1 The existing land use condition within Zone 1 and Zone 2 of the Jordan buffer (0 -50') was determined to be a mixture of mature hardwood trees with a disturbed understory dominated by invasives. The area within the Jordan buffer was determined to be viable for buffer restoration and suitable for buffer mitigation credit only. Site preparation will be needed to manually remove the invasives. Additionally, all of the erosional gullies and holes must be filled and stabilized to promote diffuse flow of stormwater runoff within the buffer. All trees must be surveyed out of the total square footage of the proposed mitigation area. The existing land use condition outside of the Jordan buffer (51 -200') was determined to be a maintained lawn and not in agriculture. This area is viable for riparian restoration and suitable for only buffer mitigation. A map showing the project site is provided and signed by Ms. Merritt on April 6, 2015. For any areas depicted as not being viable for nutrient offset credit above, WI could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset according to 15A NCAC 02B.0240. Please contact Katie Merritt at (919)- 807 -6371 if you have any questions regarding this correspondence. KAH /km Attachments: Site Aerial Map cc:File Copy (Katie Merritt) Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Unit F -2 Figure 2. Neville Farm Drainage Features and Potential Buffer Neville Farms Prospectus — Upper New Hope Watershed Investments NC Legend Neville Creek Stream Proximity Stream Proximity Project Properties Roads County Boundary L� Data may not be 100% accurate and is intended for planning purposes only Actual mitigation area will be determined through development of the Bank Parcel Development Plan. A � -r 0 175 350 Feet 64 ' Carrboro 54 LJ Map Location Attachment G. Division of Water Resources Finacial Assurance Guidance Memorandum AA l NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 2, 2014 MEMORANDUM TO: Approved Nutrient Offset & Riparian Buffer Mitigation Banks in NC FROM: Katie Merritt M Nutrient Offset & Buffer Banking Coordinator - Division of Water Resources THROUGH: Karen Higgins 401 and Buffer Permitting Unit - Division of Water Resources Supervisor John E. Skvarla, III Secretary SUBJECT: Notification of potential changes to performance bond requirements for construction and monitoring costs of nutrient offset and riparian buffer mitigation banks in NC On February 19, 2014, Assistant Secretary of the North Carolina (NC) Department of Environment & Natural Resources, Mitch Gillespie, responded to a concerned citizen's letter requesting staff within the Division of Water Resources (DWR) re- evaluate the minimum requirements of performance bonds for nutrient offset and riparian buffer mitigation banks in NC. Currently, the requirements are a minimum of $150,000 and $100,000 for construction and monitoring costs respectively. Staff within the 401 & Buffer Permitting Unit of the DWR, conducted a thorough review of information received from mitigation providers and consultants and determined that performance bonds less than the current minimum bond requirements may be accepted on a case by case basis. Restrictions to the changes in bonding amounts are as follows: • Applicable for riparian restoration projects conducted by approved private mitigation banks only; • Applicable for projects 10 acres or less in size as shown on a survey; • Applicable for projects that do not include fencing as part of the approval for mitigation; • Not applicable for projects that include stream and /or wetland mitigation; and • No bond shall be less than $50,000 and $25,000 for construction and monitoring costs respectively. In accordance with the statement provided in Mr. Gillespie's response letter, the following applies: • "Operational procedures that are not in direct compliance with existing Umbrella Mitigation Banking Instruments (UMBI) will need to be approved prior to implementation ". Therefore, mitigation bank sponsors who would like to modify the performance bond requirements on buffer /nutrient offset riparian restoration projects may submit a modification of their existing UMBI for review and approval by the Director of the Division of Water Resources (DWR), prior to implementation. Please contact Katie Merritt at 919- 807 -6371 or katie.merritt(a0cdenr.t ; ov for UMBI modification requests or questions regarding this correspondence. Division of Water Resources - 401 & Buffer Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919 - 807 -6494 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper G -1 Attachment H. NC DWR Approval Notice and Support Materials for Tract 2's Nutrient Credit Calculation. From: Davis, Amin <amin.davis @ncdenr.gov> Sent: Thursday, July 23, 2015 1:22 PM To: mike — herrmann @hotmail.com; mherrmann Cc: Gannon, Rich; Merritt, Katie Subject: RE: Neville Farms Tract 2 Nutrient Credit Calculation MIKE — I have reviewed your information and it appears to adequately document the site and associated offset credit calculations. Rich informed me that you and he spoke yesterday and the processing of your site information through DWR will take a couple of months. I'm sure we'll be in touch as things move forward. Amin From: Davis, Amin Sent: Tuesday, July 21, 2015 2:44 PM To: 'mike — herrmann @hotmail.com'; 'mherrmann' Cc: Gannon, Rich Subject: RE: Neville Farms Tract 2 Nutrient Credit Calculation MIKE — Thank you for sending this updated information. I will be in touch with you later this week regarding confirmation and next steps. "211 Amin Davis Watershed Restoration Specialist NCDENR Division of Water Resources Nonpoint Source Planning Branch 1617 Mail Service Center, Raleigh NC 27699 -1617 919 - 807 -6439 amin.davis @ncdenr.gov http://Portal.ncdenr.org/web/wq/ps/nps From: mike herrmann @hotmail.com rmailto:mike herrmann@hotmail.coml Sent: Friday, July 17, 2015 4:20 PM To: Davis, Amin Subject: Fwd: Neville Farms Tract 2 Nutrient Credit Calculation Hi Amin, Attached are the nutrient calculation materials for Tract 2. The edits you suggested have been made to Attachment A. The remaining materials remain the same. If you are satisfied that these materials adequately document the site and offset credit calculation, I'll need a communication from your Branch stating that. Thank you, H -1 WATERSHED { Investments July 16, 2015 Amin Davis Nonpoint Source Planning Branch 1617 Mail Service Center Raleigh, NC 27699 -1617 Subject: Nutrient Offset Credit Claculation Materials for Neville Farms — Tract 2 Mr. Davis Attached for your review is the nutrient offset credit calculation and supporting materials for the Tract 2 (McGee Site) of the Neville Farms Riparian Buffer and Nutrient Offset Mitigation Bank. The following attachments are included in this submission: A. Summary of Project and Nutrient Offset Calculation B. Copy of Jordan Falls Stormwater Tool Data Sheets C. Map of Tract 2 Portion the Neville Farms Nutrient Offset and Buffer Mitigation Bank D. 401 & Buffer Unit Determination Letter Would you please review these materials and respond as to whether you agree with the attached offset credit calculation? The awarding of that credit will also be determined by whether the project is developed in accordance with its Bank Parcel Development Package (BPDP) and if it meets the regulatory requirements established in the project's mitigation banking instrument. These are currently being developed in consult with the Division of Water Resource's 401 & Buffer Permitting Unit. Also, pursuant to 15A NCAC 02B .0273(2)(d)(i), the project will need to "account for differences in instream nutrient losses between the location of the reduction need and excess loading reduction in reaching the affected arm of Jordan Reservoir ". In past communications, you've indicated that the Division is currently preparing to release delivery factors that will be applicable to this project. When those become available, will you please forward them so that they can be included in both the project's mitigation banking instrument and BPDP? Thank you for your help in the review for offset crediting of this site. I understand that it presented a departure from the traditional crediting sought for sites and, consequently, required additional review and consideration. I appreciate the timely manner with witch you have conducted your review. Sincerely, Mike Herrmann 16317 Weatherford Circle, Raleigh NC 27604 1 Tel :919-533-9195 1 www.watershed nvescmcntsnc.net H -2 ATTACHMENT A. Tract 2 of Neville Farms Nutrient Offset Calculation Summary Project Overview Tract 2 is part of a larger restoration project identified as Neville Farms in the Bank Parcel Development Plan that is currently being developed. Located adjacent to Neville Creek, a perennial stream in Orange County, Tract 2 is on an 8.8 acre property owned by John McGee. The watershed draining through the project site encompasses 31.6 acres. The proposed Tract 2 conservation easement is approximately 1.7 acres with 1.20 acres anticipated for reforestation. The remaining 0.5 acres, a narrow, mature buffer ranging between 10 and 20 feet exists in portions of the easement area, will be considered as buffer preservation with no proposed nutrient reduction benefit. Attachment C provides a map of the Site including the land draining to it. For areas of the conservation easement lacking a forested buffer or with forests less than 50 feet, residential lawn will be replaced with native trees to create a buffer with widths varying between 50 and 150 feet. In accordance with current DWR policy, success criteria on the project will be based on a minimum planted stem density survival of 260 stems /acre after 5 years. Currently, the majority of Tract 2 consists of residential lawn. While it is eligible for buffer credit, staff from the 401 and Buffer Unit directed me to work with the Planning Section to develop the nutrient offset crediting because the site falls outside of the typical practice for generating nutrient offset credit (i.e., riparian reforestation of agricultural land). Attachment D contains a copy of the letter summarizing their determination. Nutrient Reduction Calculation Summary The calculated nutrient credit available for the site is 1091.10 N Ibs and 243.00 P lbs. This is based on an annual nutrient offset crediting for the site of 36.37 N pound (Ibs) /year and 8.10 Ibs /year multiplied by 30 years. The method used to quantify nutrient offset credits has been developed through coordination and communication with the NC DWR Planning Unit staff. The agreed on approach involves the use of site - specific factors and the Jordan -Falls Stormwater Accounting Tool (JFSAT) Version 3.0. Supporting printouts from the tool are included in Attachment B. A summary of the nutrient offset calculation is included below. Table A -1 provides a summary of the estimated reduction from the JFSAT. The JFSAT accounts for both land conversion for nutrient removal from upland sources. The upland area is 29.93 acres. This area includes The Orchard, a development under construction that contains a mix of residential and forest land use with 2 ac residential lots being the predominant parcel type. Parameters used to run the tool along with its output are contained in Attachment B. Table A -1. Land Conversion and Upland Source Reduction. Nutrient Pre - project load Post - project load Nutrient Nutrient Credit (Ibs /yr) (Ibs /yr) reduction (Ibs /yr) (Ibs /30 yrs) Nitrogen Phosphorus 80.52 44.15 16.08 7.98 A -1 H -3 36.37 1091.10 8.10 243.00 Attachment B. Jordan Falls Stormwater Accounting Tool Data Sheets. Load'Ancount 0 1 '(0 (0 06 VairMan 300 Date: Project Name: Development Area (ft): Physiographic Region:■,�+����� ■��� -�� Project Latitude Coordinates: Project Longitude Coordinates: Precipitation Location: Project Designer: Contact Phone Number /Email: Project Description: Nutrient Offset Calculation Surr July 9, 2015 Neville Farms - Tract 2 1,377,644 Piedmont N W Raleigh Watershed Investments NC mary for Neville Farms -Tract 2 B -1 H -4 Import An Existing Project Watershed Characteristics Introduction L Project BMP Overall y Individual BMP Information Characteristics Summary Summary WATERSHED LAND USES ANNE!= I Clear All Entries TN TP Pre- Post- L Print Watershed Characteristics EMC EMC Development Development (mg/L) (mg/l.) SuDoortlrl£ Calculations COMMERCIAL I SIMPLE METHOD Parking lot 1.44 0.16 MMunofj1Woefficientr3ty Roof 1.08 0.15 Rv= 0.05 +(0.009 *I) Open /Landscaped 2.24 0.44 where I = percent impervious ( %) J INDUSTRIAL Pre - Development Watershed: Parking lot 1.44 0.39 = 7% Roof 1.08 0.15 Rv= 0.11 Open /Landscaped 2.24 0.44 Post- Development Watershed: TRANSPORTATION 1= 11% High Density (interstate, main) 3.67 0.43 Rv= 0.15 Low Density (secondary, feeder) Rural Sidewalk PERVIOUS Managed pervious Unmanaged (pasture) Forest RESIDENTIAL - COMPOSITE LAND USES Y.. -ac lots Y -ac lots Y.. -ac lots 1 -ac lots 2 -ac lots Multi- family Townhomes Custom Lot Size RESIDENTIAL - INDIVIDUAL LAND USES Roadway Driveway �. 1.0 Parking lot Roof Sidewalk /Patio Lawn Managed pervious Forest JURISDICTIONAL LANDS Natural wetland Riparian buffer - Zone 1 (Forested) Riparian buffer -Zone 2 Open water LAND TAKEN UP BY BMPs 1.4 0.52 1.14 0.47 1.4 1.16 2.65 0.735 3.61 1.56 1.41 0.25 2.02 0.43 2.07 0.43 2.11 0.43 2.15 0.4 2.22 0.44 1.92 0.41 1.94 0.42 1.4 0.52 1.44 0.39 1.44 0.39 1.08 0.15 1.4 1.16 2.65 0.735 52,272 2.65 0.735 1.47 0.25 1.47 0.25 1.47 0.25 21,790 .21,780 2.65 0.735 1.08 0.15 52,272 LAND USE AREA CHECK Total Development Area Entered (ft): 1,377,644 Total Pre - Development Calculated Area (ft'): 1,377,644 Total Post - Development Calculated Area (ft): 1,377,644 I5Yorm woterMRunofJXeneroted,W V= Rv * A * (P/12) where A= area of catchment (ftz) P = average annual rainfall depth Pre - Development Watershed: A= 31.63 ac P= 45.41 in. V = 580321 ft' Post - Development Watershed: A= 31.63 ac P= 45.41 in. V = 758346 ft' 1t0 verageMnnualEPoll utant[loadingL3eavingMXatc L= ((P *Pj *Rv)a(12)) *(C *A* where Pj = fraction of rainfall events that C= event mean concentration of Pre - Development Watershed: Pi = 1 CTN = 2.22 mg /L CTP= 0.44 mg /L LTN = 80.52 Ib /yr LTP= 16.08 Ib /yr Post - Development Watershed: Pi = 1 CTN = 1.93 mg /L CTP= 0.37 mg /L LTN = 91.55 Ib /yr LTP= 17.38 Ib /yr B -2 H -5 BMP Characteristics Clear All Entries Print BMP Characteristics Type of BMP: Select predominant hydrologic soil group (HSG) for the location of the BMP. Description of Custom BMPs Under- or Over -sized Percentage: Hydrologic Values (Value must be entered by user for Water Harvesting or Custom BMPs) Hydrologic Values Nutrient Effluent EMC Values (Value must be entered by user for custom BMPs) Catchment 1: Drainage Area Land Use COMMERCIAL Parking lot Roof Open /Landscaped INDUSTRIAL Parking lot Roof Open/Landscaped TRANSPORTATION Hi 0 Density (interstate, main) Low Density (secondary, feeder) Rural Sidewalk Introduction Project Watershed l Overall Individual BMP Information Characteristics I f Summary � Summary CATCHMENT 1 BMP #1 BMP #2 BMP #3 Other Custom BMP I B LSFS HYDRO: Buffer EMCs Overflow %: I %Treated Overflow %: %Treated Overflow %: %Treated 5% SS% TN EMC (mg /L): TP EMC (mg /L): TN EMC (mg /L): TP EMC (mg /L): TN EMC (mg /Q: TP EMC (mg /L): 1.47 0.25 Does BMP accept the outflow from another Catchment? If so, indicate which one(s). (Land use areas entered below are in addition to the watershed areas treated by contributing catchment(s).) Area treated Area treated Area Treated by BMP #2 that is not treated by by BMP #3 that is not treated by by BMP BMP #1 BMPs #1 or #2 lftZl (ft) (ft2) B -3 H -6 Allowable Total Land) Total Land Use Use Area to be Area Treated By All BMPs Treated Based on (ftz) Post -Dev. Areas (ftzl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ 0 0 0 0 0 0 MISC. PERVIOUS Managed pervious Unmanaged (pasture) Forest RESIDENTIAL 2 -ac lots 1 -ac lots Y.-ac lots % -ac lots Y.-ac lots Townhomes Multi- family Custom Lot Size Roadway Driveway Parking lot Roof Sidewalk Lawn Managed pervious Forest JURISDICTIONAL LAND USES Natural wetland Riparian buffer - Zone 1 Riparian buffer - Zone 2 LAND TAKEN UP BY BMP TOTAL AREA TREATED BY BMP (ft): 1,303,592 52,272 1,355,864 0 TOTAL AREA TREATED BY SERIES (ft): 1,355,864 B -4 0 0 I 0 0 0 0 0 1,303,592 1,303,592 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21,780 0 0 52,272 52,272 Development Name: Total Development Area (ft): Designer: Date: Neville Farms - Tract 2 1,377,644 Watershed Investments NC July 9, 2015 Development Summary Pre - Development Post - Development Conditions 10.6% 758,346 1.93 91.55 2.89 0.37 17.38 0.55 Post - Development w/ BMPs 10.6% 462,590 1.53 44.15 1_ / -C 0.28 7.98 0.2_> Overall BMP /Catchment Summary. Conditions Percent Impervious (%) 6.8% Annual Runoff Volume (c.f.) 580,321 Total Nitrogen EMC (mg /L) 2.22 Total Nitrogen Loading (lb /yr) 80.52 Total Nitrogen Loading (lb /ac /yr) 711 > Total Phosphorus EMC (mg /L) 0.44 Total Phosphorus Loading (lb /yr) 16.08 Total Phos. Loading (lb /ac /yr) 0.51 Post - Development Conditions 10.6% 758,346 1.93 91.55 2.89 0.37 17.38 0.55 Post - Development w/ BMPs 10.6% 462,590 1.53 44.15 1_ / -C 0.28 7.98 0.2_> Overall BMP /Catchment Summary. B -5 TP Reduction M 71.20% 71.20% NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA Area Volume TN Treated Reduction Outflow TN Outflow TP Outflow TN Outflow TP Reduction (ft') M (mg /L) (mg /L) (Ibs /ac /yr) (Ibs /ac /yr) M Catchment 1 1,355,864 40.0% 1.53 0.28 1.41 0.25 58.69% BMP 1 1,355,864 40.0% 1.53 0.28 1.41 0.25 58.69% BMP2 0 NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA (Catchment 2 0 NA NA NA NA NA NA BMP1 0 NA NA NA NA NA NA I BMP2 0 NA NA NA NA NA NA I BMP3 0 NA NA NA NA NA NA ICatchment 3 0 NA NA NA NA NA NA I BMP1 0 NA NA NA NA NA NA I BMP2 0 NA NA NA I NA NA NA I BMP3 0 NA NA NA NA NA NA ICatchment 4 0 NA NA NA NA NA NA I BMP1 0 NA NA NA I NA NA NA I BMP2 0 NA NA NA NA NA NA I BMP3 0 NA NA NA NA NA NA ICatchment 5 0 NA NA NA NA NA NA I BMP1 0 NA NA NA NA NA NA I BMP2 0 NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA Catchment 6 0 NA NA NA I NA NA NA B -5 TP Reduction M 71.20% 71.20% NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA ATTACHMENT C. Tract 2 Restoration Area and Watershed Map C -1 Attachment D. 401 & Buffer Unit Determination Letter. J&V#FA NCDENR North CaroOna Department of Environment and Natural Resources Pat McCrory Governor April 6, 2015 Mike Hermann Watershed Investments NC, LLC: 1630 Weatherford Circle Raleigh, NC 27604 (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Neville Creek Near 1501 Old Greensboro Rd, Chapel Hill, NC Orange County Dear Mike, Donald R. van der Vaart Secretary On February 13, 2015, Katie Merritt, with the Division of 'Water Resources (DWR), received a request from Watershed Investments NC, LLC (WI) for a site visit near the above- referenced site to determine the potential for nutrient offset and Jordan riparian buffer mitigation. On March 24, 2015, Ms. Merritt performed a site assessment of two properties near the subject site, which are more accurately described in the attached aerial map. If approved, mitigating these properties could provide riparian buffer credits and/or nutrient offset credits within the Upper New (tope Watershed of the Cape Fear River Basin. Ms. Merritt's evaluation of the two properties' for buffer and nutrient offset mitigation is shown below: Gambill Property • Stream onsite is Neville Creek and was determined to be at least Intermittent by the Town of Chapel Hill (email from Wesley Poole with Orange County on February 9, 2015). • The narrow forest fringe along Neville Creek was described to be mature with a closed canopy the entire length of Zone 1 of the proposed mitigation area. Therefore, Zone 1 is viable for buffer preservation only and suitable for buffer mitigation credit only. • The existing land use condition within Zone 2 of the Jordan buffer (21 -50') was determined to be active hay crop cultivation. Therefore, Zone 2 is viable for buffer restoration and suitable for either buffer mitigation credit or nutrient offset credit. • The existing land use of the riparian area located outside of the Jordan buffer (51 -200') was determined to be active hay crop cultivation. Therefore, this area is viable for riparian restoration and suitable for either buffer mitigation credit or nutrient offset credit. McGee Property Stream: onsite is Neville Creek and was determined to be at least Intermittent by the Town of Chapel Hill (email from Wesley 'Poole with Orange County on February 9, 2015). Division of Water Resources - 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -6300 1 FAX 919 -807 -6494 Internet: www.ncwaterquality.org An Equal Opportunity l Affirmative Acton Employer - Made in part by recycled paper D -1 The existing land use condition within Zone 1 and Zone 2 of the Jordan buffer (0 -50') was determined to be a mixture of mature hardwood trees with a disturbed understory dominated by invasives, The area within the Jordan buffer was determined to be viable for buffer restoration and suitable for buffer mitigation credit only. Site preparation will be needed to manually remove the invasives. Additionally, all of the erosional gullies and holes must be filled and stabilized to promote diffuse flow of stormwater runoff within the buffer. All trees must be surveyed out of the total square footage of the proposed mitigation area. The existing land use condition outside of the Jordan buffer (51- 2470') was determined to be a maintained lawn and not in agriculture. This area is viable for riparian restoration and suitable for only buffer mitigation. A map showing the project site is provided and signed by Ms. Merritt on April 6, 2015. For any areas depicted as not being viable for nutrient offset credit above, WI could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset according to 15A NCAC 02B ,0240. Please contact Katie Merritt at (919) -807 -6371 if you have any questions regarding this correspondence. KA HAm Attachments: Site Aerial Map cc:File Copy (Katie Merritt) D -2 Sincerely, ✓✓✓ Karen Higgins, Supervisor 401 and Buffer Permitting Unit Attachment I. Neville Farms Site Photographs Photo A. Tract 1. Upstream looking downstream at Neville Creek Floodplain Photo B. Tract 1 Downstream end looking upstream at floodplain area. R Photo D. Tract 2 Looking downstream toward Neville Creek floodplain.