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HomeMy WebLinkAbout20241040 Ver 1_New Ground (Odom 1) Viability Request_20241023_____________________________________________________________________________________________________________________________________________________________ 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 Joshua Sizemore Contact Company Eco Terra Mailing Address 117 Centrewest Court, Cary, NC 27513 Email / Phone josh@ecoterra.com 931-212-2220 (m) Do you have the right to access the property? ☒ YES ☐ NO Proposed Site Name New Ground Nutrient Offset and Buffer Mitigation Site Address Near 999 S Jordan Chapel Road City: Mount Olive, NC Site Coordinates 35.762271, -79.090857 County: Wayne River Basin Name Neuse 8-Digit HUC: 03020201 Subwatershed (include only if in Jordan Lake or Falls) Will this be part of a stream or wetland project/bank? ☐ YES ☒ NO New Ground Nutrient Offset and Buffer Mitigation Site SITE VIABILITY REQUEST New Ground Nutrient Offset Buffer Mitigation Site Page Neuse 01 1 SITE INTRODUCTION New Ground Nutrient Offset and Buffer Mitigation Site is located approximately 6 miles east of Newton Grove, NC, off S Jordan Chapel Road in Wayne County. The project is intended to establish a new NC Division of Water Resources (DWR) mitigation bank within the southern portion of Neuse 01, Hydrologic Unit Code (HUC) 03020201. Specifically, the site proposed would restore riparian buffer within the Falling Creek watershed (HUC 0302020114). Notably, the site lies within a Targeted Resource Area (TRA) for Water Quality and Hydrology per online data from the NC Division of Mitigation Services (DMS). EXISTING CONDITIONS The site is situated directly east of S Jordan Chapel Road and west of Dobbersville Road. Current land use within the proposed easement consists of an open field agricultural crop. The boundaries contain multiple ditches and an unnamed tributary to Raynor Mill Branch. All ditches are greater than 3 feet in depth. The site drains an approximately 0.21 square mile watershed generally flowing north of the proposed easement and conveys flow north via the unnamed tributary offsite. Land use within the site’s watershed consists primarily of wooded areas and agricultural row crop. From site terminus, unnamed tributary conveys water approximately 0.80 miles north to Raynor Mill Branch, which ultimately funnels into the Thoroughfare Swamp via Falling Creek. HISTORICAL LAND USE The attached Google Earth imagery depicts the proposed conservation easement overlaid on historical aerial photographs of the site dating from 1993 to 2024. No significant changes can be noted from the historical aerials. Older aerials may be obtained upon request. CONSTRAINTS & PERMITS There is no floodplain regulated by FEMA present on the project site or immediately outside of the proposed conservation area, therefore no floodplain development permit and no resulting constraints associated with working within a floodplain are anticipated. There are no other known constraints with the site currently. New Ground Nutrient Offset and Buffer Mitigation Site SITE VIABILITY REQUEST New Ground Nutrient Offset Buffer Mitigation Site Page Neuse 01 2 Historical Imagery March 1993 Legend Open Ground Conservation Easement 1000 ft N ➤➤ N Image U.S. Geological Survey Image U.S. Geological Survey Image U.S. Geological Survey Historical Imagery March 1999 Legend Open Ground Conservation Easement 1000 ft N ➤➤ N Image U.S. Geological Survey Image U.S. Geological Survey Image U.S. Geological Survey Historical Imagery January 2008 Legend Open Ground Conservation Easement 1000 ft N ➤➤ N Image U.S. Geological Survey Image U.S. Geological Survey Image U.S. Geological Survey Historical Imagery November 2014 Legend Open Ground Conservation Easement 1000 ft N ➤➤ N Historical Imagery March 2019 Legend Open Ground Conservation Easement 1000 ft N ➤➤ N Historical Imagery April 2022 Legend Open Ground Conservation Easement 1000 ft N ➤➤ N October 9, 2024 Project 20241040 Version 1 Wayne County Josh Sizemore Eco Terra, LLC josh@ecoterra.com Subject: Determination for Applicability to the Neuse Buffer Rules 15A NCAC 02B .0714 Project Name: Odom #1 Mitigation Bank Address: S Jordans Chapel Rd, Mount Olive, NC Location: Lat., Long: 35.254669, -78.247996 Dear Josh Sizemore: On August 27, 2024, Blake Hartshorn and Cat Otero of the Division of Water Resources (DWR) conducted an on-site review of feature(s) located on the Odom #1 Mitigation Bank Site at the request of Eco Terra, 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. Jordan Burbage and Josh Sizemore with Eco Terra, LLC was also present. The Division of Water Resources has determined that features listed as “Subject” in the table below and identified on the attached maps, exist on site, and are shown on either the most recently published NRCS County Soil Survey 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, features that are listed as “Subject” 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 Neuse 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. Docusign Envelope ID: 14286D6F-7578-4D41-933F-32CF860B25BE Feature ID Feature Type* Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo UT1 Stream, At least intermittent Not Subject 35.255207, -78.247862 Northern project boundary No (not within project boundary) No Ditch 1 Ditch Not Subject Not Assessed UT1 Origin No No * Stream (ephemeral, intermittent, perennial), Pond, 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 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 Blake Hartshorn at blake.hartshorn@deq.nc.gov or 919-707-3684. This determination is subject to review as provided in G.S. 150B. Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Docusign Envelope ID: 14286D6F-7578-4D41-933F-32CF860B25BE Attachments: Site Map with labels, NRCS Published Soil Survey, USGS Topographical Map cc: 401 & Buffer Permitting Branch, Laserfiche Project File Anthony Scarbraugh, USACE, Anthony.d.scarbraugh@usace.army.mil DWR WARO staff via email Docusign Envelope ID: 14286D6F-7578-4D41-933F-32CF860B25BE - Legend D Proposed Conservation Easement+/-38.04 Acres ,.. Figure 1: USGS Topographic Michael Odom #1 -New Ground Neuse -03020201 Wayne County, North Carolina 35.254669 °, -78.247996 ° 2024 USGS Topographic ESRI I o••••■4•0=0===::::J80�eet I UT1 is not represented on the USGS Topo Map Docusign Envelope ID: 14286D6F-7578-4D41-933F-32CF860B25BE UT1 is not represented on the NRCS Soils Map Docusign Envelope ID: 14286D6F-7578-4D41-933F-32CF860B25BE Ditch 1 UT1 UT1 Origin: 35.255207, -78.247862 Docusign Envelope ID: 14286D6F-7578-4D41-933F-32CF860B25BE