20231144 Ver 1_VIABILITY ASSESSMENT REQUEST FORM 2023 - Green Heron 110823_20231114

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NCDWR - 401 & Buffer Permitting Branch
SEND COMPLETE REQUEST TO: [e-mail]

BUFFER MITIGATION &/OR NUTRIENT OFFSET
SITE VIABILITY ASSESSMENT REQUEST (VERSION 7-2023)
(Form must be complete and all attachments included to process request)
☐ BUFFER MITIGATION ☐ NUTRIENT OFFSET ☒ BOTH

PARCEL/SITE DETAILS

Has anyone from DWR or the USACE visited the site in the past 12 months? ☒ YES ☐ NO
Have buffer/stream determinations been made by Division of Water Resources? ☒ YES ☐ NO
Will any state or federal grant money be associated with this proposed project? ☐ YES ☒ NO
Are any State, Local or Federal Permits associated with the parcel/land? ☒ YES ☐ NO
ATTACHMENTS REQUIRED (provide items 1-6 as a separate attachment, not to exceed 10 pages)
1. Detailed description of the parcel/site including existing site conditions, constraints and permits
affiliated with the property.
2. Include a timeline of land use changes from 1990-Present supported by Google imagery;
3. Include the DWR Stream Call Determination letter with maps & figures;
4. Include an Aerial Map showing a proposed Conservation Easement/Project boundary
5. Include lidar imagery of the area within the proposed project boundary
6. Include ditch depths: measure center-line of ditch to top of bank every 100 ft to stream confluence
Contact Name Daniel Ramsay
Contact Company RestorEcology Neuse, LLC
Mailing Address PO Box 5842, Cary, NC 27512
Email [e-mail] Phone: [phone]
Do you have the right to access the property? ☒ YES ☐ NO
Proposed Site Name Green Heron (DWR# 2023-1144v1)
Address 0 Herring Rd City: Goldsboro
Site Coordinates 35.2970185°N, 78.0824668°W County: Wayne
River Basin Name Neuse 8-Digit HUC:03020201
Sub-watershed (only include
if in Jordan Lake or Falls)
Below Falls Lake Dam
Will this be part of a stream or wetland project/bank? ☐ YES ☒ NO

GREEN HERON BUFFER MITIGATION
AND NUTRIENT OFFSET BANK
DWR#2023-1144v1
Site Viability Request

RESTORECOLOGY NEUSE, LLC
Version 1
November 13, 2023
HUC: 03020201
Neuse Watershed, Below Falls Lake Dam
ATTACHMENT 1
Green Heron Site Viability Request
Neuse 03020201, Below Falls Lake Dam 1 November 2023

1.0 Project Description
1.1 Existing Site Conditions
RestorEcology Neuse, LLC (RestorEcology) is proposing the Green Heron Buffer Mitigation and Nutrient
Offset Project (the Project) on Edwards Branch, three unnamed tributaries, three ditches, and two
ephemeral features in Wayne County, NC (NC Division of Water Resources [DWR] Project ID 2023-
1144v1). Pending survey confirmation and project design, approximately 34 acres of agricultural field
will be planted with native hardwood trees and shrubs. The existing buffers, where present, will be
preserved and enhanced as appropriate. The Project is primarily in row-crop, with scattered wooded
areas. The nine proposed project features are depicted on Attachment 4 and described as follows:
Edwards Branch
Edwards Branch is a stream-swamp complex on the southeast boundary of the Project. It is a perennial
stream, having a watershed of ~2.8 mi2. Mr. Shelton Sullivan, DWR, indicated from his site visit
documented in the Stream Determination Letter dated October 23, 2023 (Attachment 3) that the
stream is subject to the Neuse buffer rules and is at least intermittent. The existing Edwards Branch
riparian area is primarily hardwood swamp, with cropland uphill of the swamp. UT1, UT3, and
Ephemeral 5 confluence with Edwards Branch or its adjacent swamp in the Project.
Ditch 1
Ditch 1 begins as a 2-foot by 6-foot ditch at Herring Rd and drains a headwater wetland located east of
Herring Rd. Light flow was present in Ditch 1 when evaluated but no channel bed and banks were
discernable in the bottom of the ditch. As the ditch continues southwest it gathers additional drainage
and becomes UT1.
UT1
UT1 begins as Ditch 1 before acquiring modified natural stream characteristics and becoming at least
intermittent. Using the NC Division of Water Quality Methodology for Identification of Intermittent and
Perennial Streams and Their Origins, Version 4.11 (the NC Method), the stream was given a score of
24.5. Mr. Sullivan indicated that UT1 is subject to the Neuse buffer rules. UT1 confluences with UT2
(becoming a 2nd order stream in the process) and continues south through cropland to its confluence
with Edwards Branch in a hardwood swamp. Above the UT2 confluence, the UT1 riparian area is
cropland and both sides are within the Project. Below the confluence, the UT1 left bank riparian area is
in the Project and is composed of cropland until it enters the Edwards Branch swamp bottom, where it
becomes wooded.
Ditch 2
Ditch 2 begins as a 2-foot by 6-foot ditch at the field edge and continues south as the property line.
Sluggish flow was present when evaluated and an additional ditch enters Ditch 2 from the adjacent
property to the west. The left bank riparian area of Ditch 2 is in the Project and is cropland.
ATTACHMENT 1
Green Heron Site Viability Request
Neuse 03020201, Below Falls Lake Dam 2 November 2023

UT2
Ditch 2 becomes a modified natural stream (UT2) at a 2-foot-high headcut. UT2 was given a score of
19.25 when evaluated below the headcut. Mr. Sullivan indicated that UT2 is at least intermittent and is
subject to the Neuse buffer rules. The left bank riparian area of UT2 is in the Project and is cropland.
Ditch 3
Ditch 3 begins as a 1-foot by 3-foot ditch flowing south from the solar field. Both sides of Ditch 3 are in
the Project. The right bank riparian area is wooded, and the left bank is cropland. Weak flow in Ditch 3
has been observed at each site visit.
UT3
At a 90-degree turn at the field edge, Ditch 3 becomes UT3, a modified natural stream. In this area, the
left bank riparian area is cropland, and the right bank has a narrow band of woodland. UT3 continues
into a woodland area and Ephemeral 4 enters UT3 from a headwater wetland to the north. UT3 was
given an NC Method score in this area of 27.5, indicating intermittent status. UT3 continues through a
woodland before confluencing with the Edwards Branch swamp. UT3 flow becomes diffuse in the
swamp, and Mr. Sullivan deemed the connection to Edwards Branch to be adequate for UT3 to be
subject to the Neuse buffer rules.
Ephemeral 4
Ephemeral 4 is a discontinuous channel draining a wooded headwater wetland between fields before
joining UT3. While having observed flow and benthic invertebrates, the NC Method stream score
averaged 16, indicating ephemeral status. Mr. Sullivan stated that Ephemeral 4 was not subject to the
Neuse buffer rules.
Ephemeral 5
Ephemeral 5 is a small channel draining two sloping headwater wetlands on the side of the Edwards
Branch swamp valley. There is cropland on the left bank riparian area, and a hardwood area on the right
bank. Ephemeral 5 received an NC Method score of 17.25. Mr. Sullivan confirmed this ephemeral
status, stating that Ephemeral 5 is not subject to the Neuse buffer rules. The channel enters the
Edwards Branch swamp bottom and dissipates.
1.2 Constraints
As shown on Attachment 4, there are overhead powerlines in the field on the western side of Herring
Rd, which likely have a 20-foot-wide maintenance right-of-way. This will be confirmed during project
development via survey and title research. The Project will likely be one-sided along Ditch 2, UT2, and
UT1 below its confluence with UT2 because the adjacent property owner to the west is not participating
in the Project at this time.
1.3 Permits Affiliated with the Property
A solar field was installed in 2022 on the eastern side of Herring Rd on the property. The Project is
proposed outside of the solar field project boundary, which is fenced. There was a DWR #19-1703
associated with the solar field project, but it does not appear that the Project features were evaluated in
that effort.
ATTACHMENT 1
Green Heron Site Viability Request
Neuse 03020201, Below Falls Lake Dam 3 November 2023

1.4 Land Use Changes
The project area has been in largely the same land use of cropland since at least 1993 (see 1993, 1998,
2013, and 2021 aerials enclosed as Attachment 2 and 4).

0 0.20.1 Km
0 600300US Feet
±
Coordinate System: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US
2023
Site Viability Request - 2021 Aerial
Green Heron Buffer and Nutrient Offset Project
EP
H
4
Edw
a
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d
s
Bra
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h
E
P
H
5
UT
2
Di
t
c
h

3
Di
t
c
h
2
Di
t
c
h
1
U
T
3
UT
1
EPH5 Start
EPH4 Start
UT3 Origin
UT3 Channel
Change
UT2 Origin
UT1 Origin
2'
2'
2'
3'
3'
3'
3'
2'
2'
2.5'
2.5'3'
3'
3'
3'
2'
2'
2'
2'
NC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board
Legend
Property Boundaries
Project Features
Ditch
Ephemeral
Int/Per
Perennial
Stream Forms
JD Visit Points
Proposed Conservation
Easement Boundary
Ditch Depths (ft)
Overhead
Electric ROW
0 0.20.1 Km
0 600300US Feet
±
Coordinate System: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US
2023
Historical Aerial: 1993
Green Heron Buffer and Nutrient Offset Project
NC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board
Legend
Property Boundaries
Proposed Conservation
Easement Boundary
0 0.20.1 Km
0 600300US Feet
±
Coordinate System: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US
2023
Historical Aerial: 1998
Green Heron Buffer and Nutrient Offset Project
Legend
Property Boundaries
Proposed Conservation
Easement Boundary
0 0.20.1 Km
0 600300US Feet
±
Coordinate System: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US
2023
Historical Aerial: 2013
Green Heron Buffer and Nutrient Offset Project
Legend
Property Boundaries
Proposed Conservation
Easement Boundary

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

October 23, 2023

DWR Project 2023-1144v1
Wayne County

Daniel Ramsey, RestorEcology, LLC
[e-mail]

Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714)

Project Name: Green Heron
Site Address / Location: 35.2970185, -78.0824668

Dear Mr. Ramsey:

On September 5th 2023, Blake Harthorn and Shelton Sullivan conducted an on-site review of features
located on the Green Heron Mitigation Bank Site with and at the request of Daniel Ramsey with
RestorEcology, LLC to determine the presence of streams and the applicability of features on the site to
the Neuse River Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0714.

The Division of Water Resources has determined that the features listed as “subject” in the table
below and identified on the attached maps are shown on either the most recently published County
NRCS Soil Survey of and/or the USGS National Map at a scale that incorporates the National
Hydrography Dataset High Resolution data at 1:24,000 scale. In addition, the features listed as
“subject” on the below table have been located on the ground at the site and possess characteristics
that qualify them to be at least intermittent streams in accordance with the NC Stream Identification
Manual v.4.11 and therefore subject to the Nuese Buffer Rules. Please be aware that features
identified as “not subject” may be considered jurisdictional according to the US Army Corps of
Engineers and subject to the Clean Water Act.

The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the
table below.

Feature ID Feature Type* Subject to
Buffer Rules Start @ Stop @
Depicted
on
Soil
Survey
Depicted on
USGS Topo
UT1 At least
Intermittent Yes 35.295462, -
78.083952
Confluence with
Edwards Branch Yes No
DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

DWR 2023-1144v1
Green Heron
Wayne County
Page 2 of 3

UT2 Stream at least
Intermittent Yes 35.295171, -
78.084492 Confluence with UT1 Yes No
Ditch 1 Ditch No 35.297564, -
78.082717 Confluence with UT1 Yes No
Ditch 2 Ditch No 35.295689, -
78.083145
Confluence with
Ditch 1 No No
Ditch 3 Ditch No 35.296771, -
78.084720 Confluence with UT2 yes No
UT3 Stream at least
intermittent Yes 35.295303, -
78.080146
35.293899, -
78.078865 yes no
Ditch 4 Ditch No 35.296417, -
78.080109 Confluence with UT3 yes no
Ephemeral 4 Ephemeral No 35.295855, -
78.078801 Confluence with UT3 yes no
Ephemeral 5 Ephemeral No 35.298692, -
78.078801
35.298033, -
78.074438 no no
Edwards
Branch
Stream at least
intermittent Yes Southwestern
property corner
Northeastern
property corner Yes Yes
* Stream (ephemeral, intermittent, perennial), Ditch, Swale, Wetland, Other

This on-site determination shall expire five (5) years from the date of this letter. The owner (or future
owners) should notify the Division (and other relevant agencies) of this decision in any future
correspondences concerning this property. Landowners or affected parties that dispute this
determination made by the Division may request a determination by the Director of Water Resources.
This determination is final and binding, unless an appeal request is made within sixty (60) calendar
days of the date of this letter to the Director in writing.

If sending via U.S. Postal Service:
Stephanie Goss - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Stephanie Goss -DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604

This letter only addresses the applicability of the stated regulations on the features identified on the
subject property and/or within the proposed project area. This letter does not approve any activity
within buffers or within waters of the state. There may be other regulated waters, streams or other
features located on the property that do not appear on the maps or table referenced above. Any
waters, streams, or other features on the site, including the features identified in this letter, may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water
Act. If you have any additional questions or require additional information, please contact Blake
Hartshorn at 919-707-3684 or [e-mail]. This determination is subject to review as
provided in Articles 3 & 4 of G.S. 150B.

DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

DWR 2023-1144v1
Green Heron
Wayne County
Page 3 of 3

Sincerely,

Stephanie Goss
DWR Central Office

Enclosures: USGS Topographical Map
published NRCS Soil Survey
Site Map

Electronic cc: 401 & Buffer Permitting Branch, Laserfiche Project File: 20231144 version 1
Landowner: David H. Overman and wife, Lorenda B. Overman
USACE County Rep, Emily Thompson, [e-mail]
DWR Washington Regional Office

DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7

DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7
Ditch 3

Ditch 1

Ditch 4
Ephemeral 4
UT 3
Ephemeral 5
Edwards Branch
Ditch 2 is not depicted
No channel
DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7
USGS National Map: No features depicted except Edwards Branch

Edwards Branch
DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7