20231616 Ver 1_Hazels Ford Site Viability Request Package_20240117

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

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 Jordan Burbage
Contact Company Eco Terra
Mailing Address 117 Centrewest Court, Cary, NC 27513
Email / Phone [e-mail] 919-922-9508 (m)
Do you have the right to access the property? ☒ YES ☐ NO
Proposed Site Name Hazel’s Ford Mitigation Site
Address 2332 Dairyland Road City: Chapel Hill, NC
Site Coordinates 35.965371, -79.136993 County: Orange
River Basin Name Cape Fear – New Hope 8-Digit HUC: 03030002
Sub-watershed (only include
if in Jordan Lake or Falls)

Will this be part of a stream or wetland project/bank? ☐ YES ☒ NO
HAZEL’S FORD
SITE VIABILITY REQUEST

Hazel’s Ford Mitigation Site Page
Cape Fear 02 – New Hope

1

SITE INTRODUCTION
Hazel’s Ford Mitigation Site is located approximately six miles northwest of Chapel Hill, NC, off
Dairyland Road in Orange County. The project is intended to establish a new NC Division of
Water Resources (DWR) mitigation bank in Cape Fear 02, Hydrologic Unit Code (HUC)
03030002. Specifically, the site proposed would restore riparian buffer within the Jordan Lake-
New Hope River watershed (HUC 0303000206). Notably, the site lies within both the Morgan
and Little Creeks Local Watershed Plan (LWP) as well as a Targeted Resource Area (TRA) for
Water Quality, per online data from the NC Division of Mitigation Services (DMS).

EXISTING CONDTIONS
The site is situated directly northwest of the intersection of Marions Ford Road and Dairyland
Road. Current land use within the proposed easement consists of hayfields and mature oak-
beech-poplar forest. The boundaries contain portions of an unnamed stream and Morgan Creek.
The site drains a 2 sqmi watershed northwest of the proposed easement and conveys flow
to the southeast via Morgan Creek offsite under Dairyland Road. Land use within the site’s
watershed consists primarily of rural pastures, agricultural operations, and forested areas along
with sparse residential lots and a production-level vineyard. From site terminus, Morgan Creek
traverses some five miles south to convey water to University Lake just west of Chapel Hill.

HISTORICAL LAND USE
Historical data was reviewed and discovered that land use has not changed in the past 50
years. The attached Google Earth imagery depicts the proposed conservation easement overlaid
on historical aerial photographs of the site dating from 1993 to 2022. Older aerials may be
obtained upon request.

CONSTRAINTS & PERMITS
The proposed site is located in FEMA Zone AE, representing a 1% chance of flooding
annually, i.e., the 100-year floodplain. No impacts to the FEMA flood zone elevation are
anticipated in planting a buffer; therefore, no flood zone permitting is expected at this time.
Notably the parcel is a under an existing Natural Resources Conservation Service (NRCS)
Farm and Ranch Lands Protection Program (FRPP) conservation easement, which is
currently in the process of being sorted by legal counsel along with our Alder Valley site.

HAZEL’S FORD
SITE VIABILITY REQUEST

Hazel’s Ford Mitigation Site Page
Cape Fear 02 – New Hope

2

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
January 10, 2024 Project 20231616 Version 1 Orange County Jordan Burbage, Project Manager Eco Terra, LLC [e-mail]
Subject: Determination for Applicability to the Jordan Buffer Rules 15A NCAC 02B .0267
Project Name: Hazel’s Ford Mitigation Bank
Address: 2332 Dairyland Road, Chapel Hill, NC
Location: Lat., Long: 35.965371, -79.136993 Dear Jordan Burbage: On December 20, 2023, Blake Hartshorn of the Division of Water Resources (DWR) conducted an on-site review of feature(s) located on the Hazel’s Ford Mitigation Bank Site at the request of Eco Terra to determine the presence of streams and the applicability of features on the site to the above noted state regulations. Jordan Burbage with Eco Terra was present for the site visit. 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 Orange 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 Jordan 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 Morgan Creek At least Intermittent Yes Western property boundary Southeastern property boundary Yes Yes
S1 At least Intermittent No Northern property boundary Confluence with Morgan Creek Yes No *Stream (ephemeral, intermittent, perennial), Ditch, Swale, Wetland, Other
DocuSign Envelope ID: 81A0ECDA-4263-41F1-AA82-CCD71A560D38
Page 2 of 2 Hazel’s Ford Mitigation Bank DWR 20231616 V1

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 correspondence 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 - Division of Water Resources 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.) Stephanie Goss - Division of Water Resources 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 Shelton Sullivan at [e-mail] or 919-707-3684. This determination is subject to review as provided in G.S. 150B. Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map with labels, NRCS Soil Survey, USGS Topographical Map Electronic cc: 401 & Buffer Permitting Branch, Laserfiche File 20231616 V1 DWR Raleigh Regional Office, via email Landowners: Michael Cheek and Jennifer Fenton
DocuSign Envelope ID: 81A0ECDA-4263-41F1-AA82-CCD71A560D38
Morgan Creek
S1 is not represented on USGS Map
DocuSign Envelope ID: 81A0ECDA-4263-41F1-AA82-CCD71A560D38
Morgan Creek
S1
DocuSign Envelope ID: 81A0ECDA-4263-41F1-AA82-CCD71A560D38
Morgan Creek
S1
DocuSign Envelope ID: 81A0ECDA-4263-41F1-AA82-CCD71A560D38