HomeMy WebLinkAbout20231246 Ver 1_Site Viability Request GES Proposed Pea Branch Bank_20231208_____________________________________________________________________________________________________________________________________________________________
NCDWR - 401 & Buffer Permitting Branch
SEND COMPLETE REQUEST TO: katie.merritt@deq.nc.gov
BUFFER MITIGATION &/OR NUTRIENT OFFSET
SITE VIABILTY 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 Jeff Becker c/o David Knowles
Contact Company Greene Environmental Services, LLC
Mailing Address 963 US 258 S, Snow Hill, NC 27580
Email ocesdk@gmail.com Phone: 252 757 1978
Do you have the right to access the property? ☒ YES ☐ NO
Proposed Site Name Pea Branch Riparian Buffer and Nutrient Offset
Mitigation Bank
Address 0 Satterthwaite Rd City: Greenville
Site Coordinates 35o38’24”N / 77o 12’01”W County: Pitt
River Basin Name Tar-Pamlico 8-Digit HUC: 01020303
Sub-watershed (only include
if in Jordan Lake or Falls)
Will this be part of a stream or wetland project/bank? ☐ YES ☒ NO
Attachment 1: Site Description, Proposed Pea Branch Mitigation Bank
Greene Environmental Services, LLC (GES) of Snow Hill, NC proposes a mitigation bank in the Lower Tar
watershed; HUC 01020303. The proposed Pea Branch Riparian Buffer and Nutrient Offset Mitigation Bank is
located in eastern Pitt County, NC approximately 1.0 mile northeast of the community of Pactolus, NC between
Satterthwaite Road and Sheppard Mill Road. The Bank is within Parcel Number 19587 on the Pitt County OPIS
website; a 248.6-acre parcel owned by Carolina Agribusiness, LLC. GES proposes that the Bank will be
approximately 27.4 acres in total with 7.6 acres in riparian buffer and 19.8 acres in nutrient (nitrogen and
phosphorus) offset. The Bank is situated along an unnamed tributary that discharges to Pea Branch (0.7 miles
downstream) which in turn discharges to Tranters Creek (1.0 miles downstream) and the Tar River (~10 miles
downstream). The site is not located in a floodplain; elevations range from 21ft to 23 ft above mean sea level,
exclusive of streams and ditches. The soils are classified as Olustee loamy sand and Pantego loam, both are poorly
drained; however, drainage has been modified by ditching and draining. The land has been in agricultural
production (row crop) since at least 1983 and presumably well before; in 2023, row crop corn and soybeans were
cropped.
There are no known federal, state or local permits required for Bank construction. The Bank site does not contain
any regulated drainage laterals. Duke Power maintains a transmission line utility easement immediately north of the
Bank boundaries that will be avoided, even though the transmission line infrastructure has been removed. There
are no other known electric, water or sewer utilities or road easements on or in the vicinity of the proposed Bank.
Physical constraints that affect the Bank include a narrow (<10 ft), broken band of existing trees (sweetgum, water
oak) along Stream 1 (S-1) and a ~35-foot wide band of trees (red juniper) along Stream 2 (S-2). These areas will be
discounted from the mitigation acreage, as per NC DWR review. Ditches 1- 4 meet the minimum (1 ft) and
maximum (3 ft) depth criterion for consideration as nutrient offset acreage. However, the most direct connection of
Ditches 1-3 to Stream 1 (S-1) has been altered by another ditch (D-4) paralleling the farm road (see map). GES will
seek guidance from NC DWR staff to remedy this issue. The unpaved, dirt farm road will be taken out of usage,
culverts will be removed and the roadbed disked prior to planting. Portions of Ditch 5 exceed the maximum depth
criterion and may affect Bank configuration pending DWR review.
The proposed Bank is in eastern Pitt County off of Sheppard Mill Road (best access). From the intersection of US
264, Alt 264 and NC 33, traveling east on US 264, it is 9 miles to Sheppard Mill Road, then north on Sheppard Mill
Road for 1 mile (note horse trail sign), then west along a farm access road for 0.8 miles to the Bank site.
Pea Branch Bank Location Map. The physical address of the tract containing the proposed Bank is 0 Satterthwaite Road,
however a maintained gate limits access. The best access is via a farm road off of Sheppard Mill Road, east of the Bank site.
Attachment 3: Historical Aerial Imagery
Obtained from Google Earth, the earliest aerial imagery is from 1983; representative years that follow
are 1993 (the second earliest), 2009 and 2019 (most recent). No major land use changes have occurred
within the proposed footprint of the Pea Branch Bank. In the early 2000s, ponds were excavated in
vicinity of the Bank but not within the footprint. As recently as 2019, Duke Power maintained
transmission line and towers in a right of way easement (red lines) just north of the Bank footprint (not
affecting the Bank) but as of 2023, these physical structures had been removed. As per communication
with Duke Power, the corporation retains the utility easement.
1983
1993
2009
2019 (most recent)
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
November 28, 2023
Project # 20231246 v.1
Pitt County
Carolina Agribusiness LLC
C/O Bobby Ham
963 US Hwy 258 S
Snow Hill, NC 28580
Subject: On-Site Determination for Applicability Tar-Pamlico Riparian Buffer Rules (15A NCAC 02B.0734)
Subject Property/Project Name: Pea Branch Mitigation Bank
Address / Location: 35.640088, -77.203285
Responsible Party: Carolina Agribusiness LLC / Bobby Ham
Feature(s) Evaluated (5): Features S1,2 – D1-3
Determination Date: November 7, 2023 Staff: Allen Stewart
Determination Type: Applicability to Tar-Pamlico Riparian Buffer Rules (15A NCAC 02B .0734)
Buffer: Feature:
- Neuse (15A NCAC 02B .0714)
X - Tar-Pamlico (15A NCAC 02B .0734)
- Catawba (15A NCAC 02B .0614)
- Jordan (15A NCAC 02B .0267) (governmental
and/or interjurisdictional projects)
- Randleman (15A NCAC 02B .0724)
- Goose Creek (15A NCAC 02B .0605-.0608)
X – Ephemeral/ Intermittent/Perennial /Ditch/
Not Present - Determination
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
Project # 20231246 v.1
Pitt County / Washington
Page 2 of 5
*Ephemeral / Intermittent / Perennial / Ditch / Not Present / Unmapped
Mr. Ham,
The Division of Water Resources has determined that the streams listed as “subject” above and
included on the attached map have been located on the most recent published (1974) NRCS Soil Survey
of Pitt County, North Carolina and/or the web based Digital USGS National Topographic Map
https://apps.nationalmap.gov/viewer/ and evaluated for applicability to the Tar-Pamlico River Basin
Riparian Buffer Rules (15A NCAC 02B .0734). For each stream that is checked “Not Subject” it has been
determined to not be at least intermittent, not present on the property, a wetland area, ditch or not
represented on the most recent published (1974) NRCS Soil Survey of Pitt County, North Carolina and/or
the Digital USGS National Topographic Map at a scale of 1:24,000. There may be other streams or
features located on the property that were not assessed and/or that do not appear on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and
subject to the Clean Water Act.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by the DWR may request a determination by the
Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the
Director in writing.
If sending via US Postal Service:
c/o Stephanie Goss
DWR – 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.):
c/o Stephanie Goss
DWR – 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Feature E/I/P/D/N
P/U*
Not
Subject
Subject Start@ Stop@ Soil
Survey
USGS
Topo
S1 I/P X 35.640088,
-77.203285
Northeast Corner
Property Line
X X
S2 I X 35.637680,
-77.198084
S1 X
D1 D X 35.637356,
-77.196528
S1 X
D2 D X Near Road 1 Drainage Ditch X
D3 D X Near Road 1 Drainage Ditch X
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
Project # 20231246 v.1
Pitt County / Washington
Page 3 of 5
This determination is final and binding as detailed above unless an appeal is requested within sixty (60)
days.
This determination only addresses the applicability to the buffer rules and does not approve any
activity within the buffers or waters. The project may require a Section 404/401 Permit for the
proposed activity. Any inquiries regarding applicability to the Clean Water Act should be
directed to the US Army Corps of Engineers Washington Regulatory Field Office at 2407 W 5th
St, Washington, NC 27889, (910) 251-4558.
If you have questions regarding this determination, please feel free to contact Allen Stewart at (252)
946-6481.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy/LASERFICHE
Emily Thompson, USACE Washington Regulatory Field Office
emily.b.thompson@usace.army.mil
Randal Jones, NCDEQ Land Resources, randall.jones@deq.nc.gov
Katie Merrit, NCDEQ/DMS, katie.merritt@deq.nc.gov
David Knowles, Greene Environmental, ocesdk@gmail.com
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
Project # 20231246 v.1
Pitt County / Washington
Page 4 of 5
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
Project # 20231246 v.1
Pitt County / Washington
Page 5 of 5
Attachment 4: Proposed Pea Branch Bank Boundaries. Green polygons represent riparian buffer acreage, yellow polygon represent
nutrient offset acreage. Narrow blue arrows indicate the direction of water flow.
S-1
S-1A
S-2
D-1
D-2
D-3
D-4
Riparian Buffer (RB) and Nutrient
Offset (NO) Estimated Acreage
S-1 = 7.3 ac RB
S-1A = 0.3 ac RB / 0.3 ac NO
S-2 = 1.8 ac NO
D-1 = 4.4 ac NO
D-1A = 1.9 ac NO
D-2 = 4.1 ac NO
D-3 = 3.9 ac NO
D-4 =0.3
D-6 = 1.6 ac NO
D-5 = 1.5 ac NO
TOTAL RB= 7.6 ac
TOTAL NO = 19.8 ac
TOTAL BANK = 27.4 ac
Duke Power ROW
Proposed Pea
Branch Mitigation
Bank Footprint
D-5
D-1A
Farm Road
D-6
Pea Branch Bank Elevation Maps
From USGS 1:24,000 Leggett’s Crossroads, NC topographic map; 2-foot contours. Elevations within the
project footprint (red polygons) range from 23 ft to 21 ft above mean sea level, exclusive of stream and
ditch depths.
Attachment 6: Pea Branch Bank Ditch Depths
Measurements from downstream to upstream Date: November 13, 2023
DITCH ID /
REACH
DEPTH 1 ft to 3 ft
Y/N
NOTES
D-1 615ft S-N No standing water, near drought conditions.
Non-functional culvert disconnected from S-1
by farm path.
0 2 Y Discharges to unlisted ditch paralleling farm
path.
100 2 Y
200 2 Y
300 1.5 Y
400 2 Y
500 2 Y
600 2 Y
615 2 Y Timber rattlesnake in culvert August 2023
D-1A Culvert under farm path
700 1.5 Y North of farm path
800 1.5 Y Does not extend into powerline easement
D-2 670 ft S-N No standing water, near drought conditions.
Ditch not present on remotely-sensed maps but
is present on ground.
0 2.5 Y Discharges to unlisted ditch paralleling farm
path.
100 2 Y
200 2 Y
300 2 Y
400 2 Y
500 1.5 Y
600 1.5 Y
670 1.5 Y
D-3 600 ft S-N No standing water, near drought conditions.
Non-functional culvert disconnected from S-1
by farm path.
0 2.5 Y Discharges to unlisted ditch paralleling farm
path.
100 2 Y
200 2 Y
300 1.5 Y
400 1 Y
500 1.5 Y
600 1.5 Y
DITCH ID /
REACH
DEPTH 1 ft to 3 ft
Y/N
NOTES
D-4 2100 ft W-E
0 3 Y At farm culvert above pond
100 2.5 Y
200 3 Y
300 3 Y
400 2.5 Y
500 3 Y
600 2.5 Y
700 2 Y Ditch 1 enters at 750 ft
800 2.5 Y
900 3 Y
1000 2.5 Y Ditch 2 enters at 1080 ft
1100 3 Y
1200 2.5 Y
1300 2.5 Y
1400 3 Y
1500 3 Y Ditch 3 enters at 1580 ft
1600 2.5 Y
1700 3 Y
1800 2.5 Y
1900 25 Y
2000 2.5 Y
2100 3 Y Pond edge at 2150
D-5 500ft W-E Standing water 1-2 feet deep
0 5 N
100 4 N
200 3 Y
300 4 N
400 3 Y
500 3 Y Culvert
D-6 520ft S-N No standing water, near drought conditions.
0 2.5 Y
100 3 Y
200 2.5 Y
300 2 Y
400 2.5 Y
500 2 Y