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HomeMy WebLinkAbout20150636 Ver 1_Final Revised BPDP_20160602Neville Farms Buffer and Nutrient Offset Bank Parcel Development Package (Revised to Reflect Project Phasing) Jordan Lake Nutrient Strategy - Upper New Hope Subwatershed Orange County, NC DWR# 2015-0636 June 1 st, 2016 Prepared by: Watershed Investments NC, LLC 1630 Weatherford Circle Raleigh, NC 27604 Phone: 919.533.9195 WATERSHED Investments Contents LIST OF ATTACHMENTS................................................................................................................................. ii 1.0 Introduction......................................................................................................................................1 1.1 Bank Sponsor.................................................................................................................................1 1.2 Project Location and Description...................................................................................................1 1.3 Directions to the Site......................................................................................................................1 Tract1 (Gambill Property):....................................................................................................................1 Tract2 (McGee Property):.....................................................................................................................1 2.0 PROJECT SITE DESCRIPTION............................................................................................................. 1 2.1 Land Use........................................................................................................................................1 2.2 Watershed Setting.......................................................................................................................... 2 2.2 Surface Hydrology and Watershed Area......................................................................................... 2 2.3 Surface Water Determination for the Site....................................................................................... 2 2.4 Floodplain Assessment................................................................................................................... 2 2.5 Geology & Soils............................................................................................................................. 3 2.6 Cultural Constraints....................................................................................................................... 4 2.8 Rare, Threatened and Endangered Species..................................................................................... 4 2.9 Existing/ Historic Vegetation.......................................................................................................... 5 3.0 PROJECT PLANTING PLAN................................................................................................................. 5 3.1 Riparian Restoration Activities....................................................................................................... 5 3.2 Planting Plan.................................................................................................................................. 6 3.3 Riparian Preservation Activities......................................................................................................6 3.4 Site Preparation and Invasive Species Control................................................................................ 6 3.5 Easement Boundaries..................................................................................................................... 7 4.0 PROJECT MONITORING AND PERFORMANCE STANDARDS................................................................ 7 4.1 Project Monitoring Plan................................................................................................................. 7 4.2 Adaptive Management Plan............................................................................................................ 8 4.3 Long Term Management Plan........................................................................................................ 8 5.0. FINANCIAL ASSURANCE..................................................................................................................... 8 6.0 MITIGATION POTENTIAL................................................................................................................ 13 7.0 REFERENCES: ................................................................................................................................... 17 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-A. Tract 1/Phase 1 Tract Mitigation Area Figure 6-B. Tract 2/Phase 2 Tract Mitigation Area 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 Project Viability Letter Attachment G. Division of Water Resource Financial Assurance Guidance Memo Attachment H. Division of Water Resource Nutrient Credit Calculation for Phase 2 Attachment I. Delivery Factor determination for the Site Attachment J. Site Photos Neville Farms BPDP Watershed Investments NC This revised Neville Farms Bank Parcel Development Package (BPDP) is being submitted to allow for the development of the project in two phases. The original BPDP, submitted to the Division on August 18th, 2015, did not reflect phased development of the site. After revisions, that plan was placed on public notice January 13th, 2016 and approved by the Division on January 29th, 2016. 1.0 Introduction As described in this plan, the Neville Farms Bank Parcel (Site) presents approximately 5.1 and 1.2 acres of riparian restoration and preservation, respectively, for a total of 6.3 acres of permanent conservation easements in Orange County, North Carolina. The Site is comprised of two separate tracts owned by two different land owners. The Site will be mitigated in two phases. Phase 1 is comprised of Tract I and is approximately 4.5 acres and Phase 2 is comprised of Tract 2 and is approximately 1.8 acres. Each phase will have its own credit release schedule for milestones met in accordance with the Neville Farms Mitigation Banking Instrument (MBI). Details of the phasing of the Site are provided in Sections 3.0 and 6.0. The purpose of this project is to generate Jordan Lake riparian buffer restoration and preservation mitigation credits as well as nutrient offset credits. The Neville Farms Bank Parcel is included in the Neville Farms Mitigation Banking Instrument (MBI) for Riparian Buffer Mitigation and Nutrient Offset Credits signed between Watershed Investments NC, LLC and the NC Division of Water Resources (DWR) and effective on January 29d,, 2016. This MBI is in accordance with 15A NCAC 02B .0295 (Temporary Consolidated Buffer Mitigation Rule, effective October 24, 2014) and 15A NCAC 02B .0240 (Nutrient Offset Payments Rule). The site shall be planned and designed encompassing land along Neville Creek, a tributary to University Lake south of Chapel Hill in Orange County North Carolina. For the purposes of this Bank Parcel Development Package (BPDP) the project Site is divided into the following two tracts: ■ Tract 1 — Main project area on the north side of Neville Creek and accessible from Old Greensboro Highway. ■ Tract 2 — Area south of Neville Creek and accessible from Stansbury Road. Though the properties are adjacent, the division of the site is necessary based on land use, land planning, project crediting, and for more clear referencing within this document. The purpose of both rural 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, reducing nutrients to streams through agricultural runoff, and thus, improving aquatic and terrestrial habitat. Any nutrient offset or riparian buffer mitigation generated from this Bank Parcel would be available to offset impacts from development, both existing and proposed, within the Upper New Hope Subwatershed of Jordan Lake, as verified by DWR staff onsite and in their letter dated April 6, 2015 (Attachment F). All mitigation shall be provided in compliance with 15A NCAC 02B .0295 (Temporary Consolidated Buffer Mitigation Rule, effective October 24, 2014) and 15A NCAC 02B .0240 (Nutrient Offset Payments Rule). 1.1 Bank Sponsor The Site is proposed by Watershed Investments NC, LLC (WINC) Contact information for WINC is provided below. Watershed Investments NC Attn: Mike Herrmann 1630 Weatherford Circle Raleigh, NC 27604 Phone: 919-559-6264 Email: mherrmanngwatershedinvestmentsnc.net Neville Farms BPDP Watershed Investments NC 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 (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. 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 Proper1y)L i. Follow the above directions but instead of turning into the entrance for Tract 1, 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. The Site consists of two separate tracts of land which will be mitigated in two phases, Phase 1 and Phase 2: Attachment A -Figure 2 provides a 2013 aerial of the Site while Attachment J contains on the ground photos of the site. These two tracts are further described below: Tract 1 (Gambill Property) —Part of a 112 acre farm that includes livestock pasture, woodlots, and hay production. The proposed conservation easement is approximately 4.56 acres and is located on an area dedicated to hay production, which is classified as an agricultural practice. Annual nitrogen application rates for the property are approximately 100 lbs/ac. Portions of the riparian area currently have a narrow buffer of trees (10-15ft) immediately adjacent to the stream. The majority of 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 0.20 acre portion of the conservation easement will extend beyond 200 ft. from the stream and not be eligible for nutrient or buffer mitigation). This tract will be constructed as Phase 1 of the total project site Tract 2 (McGee Property) — Part of a 9 acre single-family residential property with the pervious areas maintained as a fescue grassed lawn, which is not classified as an agriculture practice. The proposed conservation easement is approximately 1.8 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 is planned to be cleared and reforested to help restore the native tree buffer. Surface water leaves the site directly through drainage to Neville Creek. This tract will be constructed as Phase 2 of the total project site. Neville Farms BPDP Watershed Investments NC 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 Number HUC 8 03030002 Jordan Subwatershed Upper New Hope WBD 12 -Digit ID 030300020606 WBD Name Universi Lake NC DWR Watershed Classifications 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 Surface Water Classification 16-41-2-2-1-(1) 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 whether drainage features in their jurisdiction are surface waters and subject to the buffer rules of the State found in 15A NCAC 02B .0267 Protection of Existing 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 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 2 Neville Farms BPDP Watershed Investments NC 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 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. Ridges in the hay fields of Tract 1 contain sporadic areas of shallow rock along the steeper slope faces. The shallow rock is not expected to preclude the establishment of forest within the mitigation area and therefore will not be removed as part of the mitigation plan. Table 2.4. Site Soil Types and Descri tions. 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 de th 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 de th 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. GIF 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. 3 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 J) 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 (Alasmidontaheterodon) - Current; • Michaux's sumac (Rhusmichauxii) — 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 (Somatochlorageorgiana) — A dragonfly Somatochlorageorgiana 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 Somatochlorageorgiana 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. 4 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 managed 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) 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-Figure5). 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 Liriodendron tuli i era Ironwood Carpinuscaroliniana Sweet Gum Li uidambar s radi lua Loblolly Pine Pinustaeda Red Cedar juniperus virginiana S icebush Lindera benzoin 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 in Section 3. Table 2.6. Observed Invasive Species Common Name Scientific Name Chinese Privet Li ustrum sinense Autumn Olive Elaea nus umbellate Japanese Honeysuckle Lonicera ja onica 3.0 PROJECT PLANTING PLAN 3.1 Riparian Restoration Activities The riparian restoration will be conducted according to the temporary rule 15A NCAC 02B .0295. The restoration of plant communities within the Site will provide stabilization and improve water quality within the parcel. The protected buffer easements will be planted up to 200 feet back from the top of the stream bank, with appropriate native species observed in the surrounding forest and species known to occur in similar environmental settings. Fencing will not be installed as neither tract is used for pasture and livestock will not have access to the area adjacent to the established easement. 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. 5 Neville Farms BPDP Watershed Investments NC 3.2 Planting Plan Revegetation of the Site will include planting 2,500 bare root trees and controlling invasive species growth. Site preparation and planting of bare root stems on both phases is anticipated to occur between December 2016 and March 2017. Phase 1 consists of Tract 1 and will be planted with 1,800 stems, while Phase 2, which consists of Tract 2, will be planted with 700 stems. To achieve a minimum stem density of 260 stems/acre after 5 years, planting density will be at least 436 stems/acre on 10foot x 10 foot spacing. Volunteer species at the Site may be considered by the Division to count toward meeting these performance standards. Recruitment of volunteer species in the floodplain is anticipated due to forests that exist upstream and on the stream bank. An As -Built report/s will be submitted to DWR for both phases documenting the completion of Site construction. WINC reserves the right to submit one As -Built Report to document the completion of Site construction for both Phase 1 and Phase 2 if the construction of each phase begins and ends at the same time. Or, WINC must submit two separate As -Built Reports to document the completion of Site construction for Phase 1 and for completion of Site construction for Phase 2 if construction of the phases occurs at different times. All As -Built Reports shall reflect the Phase for which it is being submitted. 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. Planted stock will be high quality bare root plants approximately 24 inches in height. Seedlings will be hand -planted using KBC planting bars and will be pretreated with an endo/ ectomycorrhizal spore root treatment. Table 3.1. Planned Tree Species for Phase 1 and Phase 2 Riparian Planting. (Note: Species availability may result in the substitution of regionally appropriate nativespecies.) Common Name Scientific Name Yellow Poplar Linodendron tuli i era Eastern Redbud Cercis Canadensis River Birch Betula nigra Green Ash Fraxinus ennglvanica Common Name Scientific Name Swamp Chestnut Oak Qurercus michauxii Cherrybark Oak Quercus pagoda Sycamore Platanus occidentalis 3.3 Riparian Preservation Activities A narrow fringe of mature trees exists throughout the site along portions within the Neville Creek riparian buffer. The riparian buffer, as defined in 15A NCAC 02B .0267, extends a maximum distance of 50 feet from the top of stream bank. The preservation area was reviewed by the Division of Water Resources and determined eligible for Buffer Preservation (see Attachment F). 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. There will be no planting in these areas. 3.4 Site Preparation and Invasive Species Control Soil conditions in floodplain areas, which are predominant at the site, are not compacted and not in need of disking to rip and loosen the soil. A focus of site preparation will be to treat and manage invasive species listed in Table 2.6 in buffer preservation and restoration areas. Invasive species management of existing woody invasive plants within the woodland buffer will take place during the first year post planting. Larger invasive shrubs may be treated as a cut stump treatment while smaller vegetation is sprayed. Any applications will completed by a NC licensed pesticide applicator. 6 Neville Farms BPDP Watershed Investments NC 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 Two separate easements, one on Tract 1 and one on Tract 2, will be secured along with any access easements that may be necessary to provide permanent access to the conservation easement areas. 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 destroyed will be repaired and/ or replaced on an as needed basis. The easement boundaries will be checked annually as part of monitoring activities with the status of the boundaries reported in annual monitoring reports. 4.0 PROJECT MONITORING AND PERFORMANCE STANDARDS Pursuant to criteria found in the Temporary Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and Neville Farms Mitigation Banking Instrument (MBI), the measures of vegetative success for the Site will be the survival of at least 260 planted trees per acre at the end of Year 5 based on monitoring data compiled for the site and site visits by the DWR. 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 vegetation monitoring for Phase 1 and Phase 2 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 for each Phase occurring at least 5 months after initial planting of the Tract/s. Vegetation monitoring plots will be a minimum of 0.02 acres in size and cover between 2% and 2.5% of the planted area. Accordingly, four (4) permanent vegetative plots will be used to monitor Phase 1 and two (2) permanent vegetative plots will be used to monitor Phase 2. A reference photo will be taken from the southwestern corners of each plot. All planted stems in the plots will be marked with flagging tape and recorded. Data collected will include: species, height, planting type (planted stem or volunteer), and grid location. The Sponsor shall submit to NCDWR an annual monitoring report for each phase, no later than December 31 of each year for five consecutive years. Reports will document the success of the vegetation and any maintenance, supplemental planting, or encroachment within the easement areas. WINC reserves the right to submit one Monitoring Report each year for at least 5 years to document the above requirements for both Phase 1 and Phase 2, if the monitoring of each phase begins at the same time. Or, WINC must submit two separate Monitoring Reports each year for 5 years to document the above requirements for Phase 1 and for Phase 2 if the monitoring of each phase begins at different times. All Monitoring Reports shall reflect the Phase for which it is being submitted. . Monitoring bonds shall be renewed with confirmation of renewal provided to DWR with each annual monitoring report for each phase. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals. 7 Neville Farms BPDP Watershed Investments NC 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 WINO, acting as the Bank Sponsor, will establish a Conservation Easement for Tract 1 and Tract 2 separately. The Bank Sponsor will monitor and maintain Tract 1 and Tract 2 for a minimum of five years post planting, or until NC DWR approval has been given. Prior to the submission of the 4th year monitoring reports for each Tract, Tract 1 and Tract 2 will both be transferred to a responsible third party. The third party shall be responsible for periodic inspections of Tract 1 and Tract 2 to ensure that restrictions required in the Conservation Easements are upheld. Endowment funds required to uphold easement conditions shall be negotiated prior to site transfer to the responsible parties. The Bank Sponsor will ensure that the Conservation Easements will allow for the implementation of the construction and monitoring period, which will be developed during the design phases and conducted by the Bank Sponsor. The Conservation Easements 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 Neville Farms MBI. 5.0. FINANCIAL ASSURANCE The Sponsor shall provide financial assurance acceptable to the Division in the form of Performance Bonds sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required. The amounts of the assurances are driven in part by the Site meeting requirements outlined by the Division in a memo released on 4-2-14 (See Attachment G). 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 all of the following criteria: • Project is for riparian restoration by approved private mitigation bank; • Proposed mitigation area is 10 acres or less in size; • Project does not require fencing; and • Project does not include stream and/or wetland mitigation. The Neville Farms Bank Parcel (Site) meets all of the above criteria for both phases. As a result, performance bond amounts will be based, in part, on project specific costs. Table 5.1 summarizes the construction, monitoring, and financial assurances amounts required for the Site. Detailed information on monitoring and construction costs for Phase 1 and Phase 2 can be found in tables 5.2 through 5.5. Table 5.6 provides a list of the consultants and contractors who are planned to work on the Site. To comply with the MBI, a performance bond will be acquired to cover 100% of construction costs or $50,000, whichever is greater for the entire Site. For monitoring, the bond must cover the monitoring costs for the entire site, or, at a minimum, be in the amount of $25,000. Alternatively, in lieu of posting the Construction Bond, the Sponsor (WINC) may elect to construct the project prior to the first credit release. 8 Neville Farms BPDP Watershed Investments NC WINC will provide a performance bond/s to cover 100% of the costs associated with the construction of the Site. WINC reserves the right to acquire one performance bond to cover 100% of the costs of construction for both Phase 1 and Phase 2, or two performance bonds to cover 100% of the costs of Phase 1 construction and 100% of the Phase 2 construction, separately. Neither bond shall be less than $50,000, but may expire upon DWR confirmation of the completion of Task 2 in the MBI for the applicable Phase and DWR approval of the applicable As -Built Report. All performance bonds shall specify which Phase/s of the Neville Farms Bank Parcel is/are being bonded. WINC will provide a monitoring bond/s to cover all costs associated with the monitoring of the Site for 5 years. WINC reserves the right to acquire one monitoring bond to cover the costs of monitoring for both Phase 1 and Phase 2, or two monitoring bonds to cover the costs of Phase 1 monitoring and Phase 2 monitoring, separately. Neither bond shall be less than $25,000. Each bond shall be renewed annually for at least 5 years, or until DWR approval of the Site's success criteria. All monitoring bonds shall specify which Phase/s of the Neville Farms Bank Parcel is/are being bonded. Upon DWR approval, the monitoring bond/s may be lowered each year based on the adjusted cost to complete the monitoring. Financial assurances shall be payable at the direction of the NC DWR to his designee or to a standby trust. Table 5.1. Project Cost Summary and Associated Bond Requirement. WINC reserves the right to acquire one performance bond to cover 100% of the construction cost for both Phase 1 and Phase 2, or two performance bonds to cover 100% of the costs of Phase 1 construction and 100% of the Phase 2 construction, separately. WINC reserves the right to acquire one monitoring bond to cover the 100% of the monitoring costs for both Phase 1 and Phase 2, or two monitoring bonds to cover 100% the costs of Phase 1 monitoring and Phase 2 monitoring, separately. 9 Neville Farms BPDP Watershed Investments NC Project Cost Bond Amount Construction $27,700 $50,0001 a� c� PO Monitoring $32,000 $32,0002 N Construction $17,550 $50,0001 Monitoring $12,000 $25,0002 WINC reserves the right to acquire one performance bond to cover 100% of the construction cost for both Phase 1 and Phase 2, or two performance bonds to cover 100% of the costs of Phase 1 construction and 100% of the Phase 2 construction, separately. WINC reserves the right to acquire one monitoring bond to cover the 100% of the monitoring costs for both Phase 1 and Phase 2, or two monitoring bonds to cover 100% the costs of Phase 1 monitoring and Phase 2 monitoring, separately. 9 Neville Farms BPDP Watershed Investments NC Table 5.2. Phase 1 Planned Construction Costs Activity Quantity Cost per Unit Application/ Handling Fees Attorney Fees Other Changes Total Cost Mitigation Banking Document 1 $1,750 $50 $0 $1,800 Bank Parcel Development Package Document 1 $3,750 50 $0 $3,800 As -Built Report 1 $3,000 $20,000 $3,000 Establishment of Vegetation Plots 4 $350 $6,000 $1,400 GIS / Mapping 1 $2450 $2,000 Replanting $2,450 Survey 1 $2,500 Total $2,500 Filing of Conservation Easement/Deed 1 $550 $550 Site Preparation 1 $4,800 $2,000 Total $4,800 Herbicide 1 $500 $500 Plants/Planting 1800 $3 $5,400 Fertilizer 0 0 Planting Contractor 1 $1,500 $1,500 Equipment Costs $0 $0 Total Planned Construction Costs $27,700 Table 5.3. Phase 1 Monitorin_ & Maintenance Costs Monitoring Tasks Quantity Cost (per Unit) Consultant Fees Total Cost Vegetation Plot Data Collection 4 plots $1,500 $5,000 $11,000 Data Analysis 5 years $600 $3,000 Report Documentation 5 reports $1,800 $6,000 Total $20,000 Maintenance & Adaptive Management Tasks (if needed) Herbicide / Vegetation Control 4 $1,500 $6,000 Herbivory Control 2 $1,000 $2,000 Replanting 1 $2,000 $2,000 Total $10,000 Stewardship Inspections 10 $200 $2,000 Total $2,000 Monitoring and Maintenance Costs Total $32,000 10 Neville Farms BPDP Watershed Investments NC Table 5.4. Phase 2 Planned Construction Costs Activity Quantity Cost per Unit Application/ Handling Fees Attorney Fees Other Changes Total Cost Mitigation Banking Document 1 $1000 $50 $0 $1,050 Bank Parcel Development Package Document 1 $3,750 50 $0 $3,800 As -Built Report 1 $1,400 1 $9,000 $1,400 Establishment of Vegetation Plots 2 $400 $1000 $800 GIS / Mapping 1 $1,100 $0 Replanting $1,100 Survey 1 $2,000 Total $2,000 Filing of Conservation Easement/Deed 1 $550 $550 Site Preparation 1 $3,500 $1,000 Total $3,500 Herbicide 1 $250 $250 Plants/Planting 700 $3 $2,100 Fertilizer 0 0 Planting Contractor 1 $1,000 $1,000 Equipment Costs $0 $0 Total Planned Construction Costs $17,550 Table 5.5. Phase 2 Monitorin_ & Maintenance Costs Monitoring Tasks Quantity Cost (per Unit) Consultant Fees Total Cost Vegetation Plot Data Collection 2 plots $1,500 $2,000 $5,000 Data Analysis 5 years $200 $1,000 Report Documentation 5 reports $600 $3,000 Total 1 $9,000 Maintenance & Adaptive Management Tasks (if needed) Herbicide / Vegetation Control 4 $250 $1000 Herbivory Control $0 $0 Replanting 1 $1,000 $1000 Total $2,000 Stewardship Inspections 10 $100 $1,000 Total $1,000 Monitoring and Maintenance Costs Total $12,000 11 Neville Farms BPDP Watershed Investments NC Table 5.6.Contractors/Consultants for completion. monitorinLy 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@suddenlinl<.net 919-242-6555 919-751-0075 Conservation Easement Preparation Banking Documents and Reports Preparation Harriss& Marion, PLLC Watershed Investments NC 3326 Durham -Chapel Hill Blvd 1630 Weatherford Circle P.O Box 51009 Raleigh NC 27604 Durham, NC 27717 mherrmann@watershedinvestmentsnc.net joe@hmattorneys.net 919-559-6264 919-493-8421 Monitoring Services Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 919-215-1693 glewis@axiomenviromnental.org 12 Neville Farms BPDP Watershed Investments NC 6.0 MITIGATION POTENTIAL As noted in the Neville Farms MBI, buffer credit determination is subject to the Temporary Buffer Rule 15A NCAC 02B .0295(h) and (i). Figures 6-A and 6-B identify the riparian areas and credit types sought for Phase 1 and Phase 2, respectively. Buffer credit will be generated from both Preservation and Restoration activities. Details of the planting and restoration activities planned for the Site are outlined in Section 3.0 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. Nutrient offsets will not be generated within the areas described as Preservation. Preservation areas meet the requirements described in .0295 (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. The Site will be constructed consistent with the Neville Farms MBI, but will be completed in two phases. Following approval of the revised BPDP, conservation easement surveys for Tract I and Tract 2 will be submitted to the Division for approval prior to being recorded with the Orange County Register of Deeds office. Final surveys of the mitigation areas on tracts 1 and 2 will also be conducted after construction has been completed and will be submitted to the Division for approval with both the Phase 1 and Phase 2 as -built reports. Tables 6.1 through 6.4 provide a summary of the Jordan Lake riparian buffer credits and nutrient offset credit calculations for phases 1 and 2 of the Site. The following credits are requested with the approval of the Neville Farms BPDP: Phase 1 (Tract 1) • Riparian Buffer Preservation: 0.62 acres for a credit of 2,700.7 square feet (ft2) • Nutrient Offset: 3.70 acres (7,143.38 lbs -N delivered and 420.34 lbs -P delivered) Phase 2 (Tract 2) • Riparian Buffer Restoration: 1.20 acres for a credit of 51,400.8 square feet (ft2) • Riparian Buffer Preservation: 0.64 acres for a credit of 2,787.8 square feet (ft2) 13 Neville Farms BPDP Watershed Investments NC Table 6.1. Phase 1 Neville Farms Buffer Credit Generation Summary Buffer Zone Mitigation Type Ratio Phase 1 Area (ac) Credit Per Acre Total Buffer Credit Delivered Offset Buffer Offset Credit Yield Zone A Zone 1 area lb/3 r/ac (0-50 ft) Preservation 10:1 0.62 4,356 2,700.7 Total Riparian Preservation for Buffer credit 0.62 n/a 2,700.7 Table 6.2. Phase 1 Neville Farms Nutrient Offset Credit Generation Summary Buffer Mitigation Type Phase Generated Nutrient Generated Offset Delivery Factor Delivered Offset Offset Credit Yield Zone 1 area lb/3 r/ac Credit for Offsets Credit (ac) N lbs/ac P lbs/ac N lbs P lbs %N %P N lbs P lbs Zone A Buffer 0.68 1,475.10 97.79 1,312.84 77.25 0-50 ft Restoration Zone B Riparian 1.29 2798.35 185.51 2490.53 146.55 (51-100 ft) Restoration 2,169.26 143.81 89 79 Zone C Riparian 1.73 3,752.82 248.79 3,340.01 196.54 (101-200) Restoration Total Riparian Restoration for Nutrient Offset Credit 3.70 8,026.27 532.09 F7,143.38 420.34 14 Neville Farms BPDP Watershed Investments NC Table 6.3. Phase 2 Neville Farms Buffer Credit Generation Summary Buffer Mitigation Type Ratio Phase 2 Credit Per Total Buffer Zone Buffer Mitigation Type Area (ac) Acre Credit A Buffer Restoration 1:1 0.68 43,560 29,620.8 Zone (0-50 ft) Buffer 10:1 0.55 4,356 2,395.8 (Ib/30yr/ac) Preservation for Offsets Credit (ac) Riparian 1:1 0.48 43,560 20,908.8 Zone B Restoration Zone A Buffer (51-100 ft) Riparian 10:1 0.09 4,356 392.0 Preservation 0.68 618.29 137.70 Riparian 1:1 & 50% 0.04 21,780 871.2 Zone C Restoration (101-200) 7 Zone B Riparian Restoration Total Riparian Restoration for Buffer credit 1.20 n/a 51,400.8 Total Riparian Preservation for Buffer credit 0.64 n/a 2,787.8 Table 6.4. Phase 2 Neville Farms Nutrient Offset Credit Generation Summary *Note: In the BPDP, WINC is requesting buffer mitigation from Phase 2 and is providing this information for supporting documentation in case a request is made to transfer credit from buffer to nutrient offset. Any transfer of credit from buffer to nutrient must be reviewed and approved by the Division prior to transfer. 15 Neville Farms BPDP Watershed Investments NC Generated Nutrient Buffer Mitigation Type Phase * Generated Offset Delivery Factor *Delivered Offset Offset Credit Yield Zone 2 area (Ib/30yr/ac) Credit for Offsets Credit (ac) N P Nlbs Plbs %N %P Nlbs Plbs Zone A Buffer 0.68 618.29 137.70 550.28 108.78 (0-50ft) Restoration Zone B Riparian Restoration 0.48 436.44 97.20 388.43 76.79 51-100 t 909.25 202.50 89 79 Zone C Riparian Restoration 0.04 36.37 8.10 32.37 6.40 (101-200) Total Riparian Restoration --] for Nutrient Offset Credit 1.20 1091.10 243.0 971.08 191.97 *Note: In the BPDP, WINC is requesting buffer mitigation from Phase 2 and is providing this information for supporting documentation in case a request is made to transfer credit from buffer to nutrient offset. Any transfer of credit from buffer to nutrient must be reviewed and approved by the Division prior to transfer. 15 Neville Farms BPDP Watershed Investments NC To comply with the requirements of 15A NCAC 02B .0273(2)(d)(i), nutrient credit sales (nitrogen (N) and phosphorous (P)) 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 nutrient offsets generated at Neville Farms to calculate the nutrient pounds delivered to Jordan Lake. Nutrient offset credits, therefore, take into account nutrient deliveries to the lake. Attachment I provides the Division's determination of delivery factors that apply to this Site. Neville Farms falls into Zone 9 for N and Zone 8 for P resulting in delivery factors of 89% and 79%, respectively. As indicated in the Site's MBI, credits generated from riparian buffer restoration activities can be converted and transferred from buffer credits to nutrient offset credits with Division approval and from nutrient offset credits to buffer credits. However, when converting from nutrient offsets to buffer, all applicable ratios and percentages of full credit will apply according to 15A NCAC 02B .0295. As indicated in the Neville Farms MBI, Tract 2, which will be constructed in Phase 2, requires differing methods to develop available nutrient credits than Tract 1. At the Division's direction, WINC used the Jordan -Falls Stormwater Accounting Tool QFSAT) to calculate nutrient offsets for Tract 2. Based on the application of the JFSAT, the generated nutrient offset credits available for land conversion of 1.20 acres from residential managed turf to riparian forest and reduction of the runoff from approximately 30 acres of land draining to Tract 2 are 1,091.10 lbs N and 243.00lbs P. With application of the delivery factor 89% for nitrogen and 79% for phosphorous, the delivered nutrient offset credits available for 1.20 acres riparian restoration on Tract 2 are 971.08 N lbs and 191.97 P lbs. 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. Neville Farms' Nutrient Offset and Riparian Buffer credits will not be debited within the same area (not stacked). The Neville Farms Bank will service impacts within the Upper New Hope Subwatershed of Jordan Lake. 16 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, Ecoregions 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. Online at http://portal.ncdenr.org/c/document library/get file?uuid=4eaaf9f2-e30b- 4cl9-809b-fcb12e0daffl&groupld=61587. Accessed 4/24/15. NC State Historic Preservation Office. 2015. HPOWEB GIS Service. Online at htW://gis.ncdcr.gov/hpoweb/ (Accessed 4/7/15) NC Division of Water Resources. 2014. 2014 NC Water Quality Assessment for 305(b). Online at: http://Vortal.ncdenr.org/web/wq/ps/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 communities 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 httl2://websoilsurvey.sc.egov.usda.gov/Apl?/HomePage.htm U.S. Fish and Wildlife Service. 2012. Endangered and Threatened Species and Species of Concern by County for North Carolina. Online at http://www.fws.gov/raleich/species/cntylist/orange.html (Accessed 4/8/15). 17 Neville Farms BPDP Watershed Investments NC ATTACHMENTS Neville Farms BPDP Watershed Investments NC ATTACHMENT A. Supporting Figures Figure 1. USGS 1:24,000 Topo Map & Site Location - -f p f L 14 5 i2 r 2 r Project Site w, r .2'79 'S niR�T�P 1 0.325M .65 1101 Legend Ste m Ossipee Propect PFOPertiec EI on Haw Rinner Streams ffFomTnpo ma: Cre-edlY� acr Biu to er Graham Hillsborough County Boundary Alamance USA Topo Maps Orange Par wI Boundaries Chapel Hill 6u rham 'arrhor Raleigh Liberty rrisville Staley Map Location Siler Gary City PltlsbOr@ Pex Garner Holly Springs San ord. niR�T�P 1 0.325M .65 1101 Legend Neville Far ns Site Propect PFOPertiec Streams ffFomTnpo ma: Roads IIt���9 County Boundary USA Topo Maps Orange Par wI Boundaries I& � /'e,,, WATERS gI Iract 2 Planned Easement Figure 3. Neville Farm Watershed Setting/Service Area. .,,. � . ' • � � .. �� _ � � '-- 70 _ �?'mac - - - I t `f e •pr ._ f X, y 96 V ` n Upper New Hope _ SubwatershedPW �% ORANGE r DURHAI`1 Project Site ss\; Location la, r4;,, i hapel H ., 1 1 •l r _ 14, /I 751^ `. , f -'CHATHAM - r WAKE -1 Jordan Lake t = I � � - , ti�n�anght 2�rt Jatio';nal�en,;u�hlc5�clet I_ube�� �,I Ir " +PERSON I �� I�ORFH.4PA PTO�d Legend N TOK�EROCKIN �CASwELL ++ # I VANCE�J WARREN y ---J GRANVELLE J �J FORSYTH- " " I / --��DII$HAM r •HALIFAX Roads ? I �� �- 0 2.2'55 4. rj-IGl11LF OR❑ ORANGE J •its FRANKLIN `I Upper New Hope Mlles ` U pe J roVA� € t NASH —"-ALJLVA C€ New yHope ® Neville Farm Properties DAVIDSON rC.HATH_AI.`,j / + J S I P1Nna" H � e1nf I county Boundary _ Jaedan Lake 1HS�� l __ —J Subwateishe_ dsr JOHNSTON i StreamslWaterbodles t LEE ti STA NLY ��� MOORE ti` ,f HARNETr ,� SWAY NE MONTGOMERY ) SAMPSON A-3 Figure 4. Neville Farm SSURGO Soils Map (Source: USDA 2015) I 68x Neviie�r _ Bi r 54 N Neville Creek -Carrboro Plannetl Easement Boundary t Sq ] Mapu nit Symbol ( Ap6 ApC 13 CP Map Location RV Owl GeB GeC 0 245 490 GIF Feet ® County Boundary A-4 IM i l - i i i ti� r t Tract 1 Planned Easement 71 i ,!j i ract 2 Planned Easem t .V I NO, C%Ojlop AW" Figure 6-13. Neville Farms Phase 2 Buffer Mitigation and Riparian Zones. A-7 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: http://server2.co.orange.nc.us/OrangeNCGIS/default.aspx 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 [ ma i Ito: m herrma n n (abwatershed i nvestmentsnc. net] 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. -Mike From: Merritt, Katie [mailto:katie.merritt@ncdenr.gov] Sent: Friday, February 6, 2015 3:09 PM To: mherrmann Cc: wpoole(c0orangecountync.gov 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 [maiIto: mherrmann@watershedinvestmentsnc.net] Sent: Friday, February 06, 2015 12:39 PM To: Merritt, Katie Cc: wpoole(a)orangecountync.gov 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 mherrmannn_,watershedinvestmentsnc. net www.watersbedini)est#ient.fnc.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. 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). 11 0����♦��♦♦F t �� Soil: GIF PIN#: 9767295479 JOHN THOMAS MCGEE JANINE M MCGEE 2201 STANSBURY RD CHAPEL HILL, NC 27516 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 Streams (Deleted) - 2' Contours (NCDOT) 100 YR Floodplain — USGS Stream D Parcels (Effective 02/02/07) —• Soils Survey Stream rmlZoning Floodway Floodplain Buffer 65ft(Effective 02/02/07) Watershed 500 Year Floodplains Stream Buffer 65ft •`Soils (Effective 02/02/07) ITaE 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. 02/09/2015 - smschultz N 1 inch = 200 feet B-3 0 50 100 mmmmlil:= Feet I > University LC Protecte at h'& CB r� ria O ,r. r �4 Streams (Deleted) - 2' Contours (NCDOT) 100 YR Floodplain — USGS Stream D Parcels (Effective 02/02/07) —• Soils Survey Stream rmlZoning Floodway Floodplain Buffer 65ft(Effective 02/02/07) Watershed 500 Year Floodplains Stream Buffer 65ft •`Soils (Effective 02/02/07) ITaE 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. 02/09/2015 - smschultz N 1 inch = 200 feet B-3 0 50 100 mmmmlil:= Feet Attachment C. Orange County Floodplain and Project Review. ORANGE COUNTY PUANNING & INSPECTIONS DEPARTMENT Craicl N. Benedict, AICR, [lirectcir I"I , COM41,4 Current Rlannincl ®.� + 131 WeE t N arglare t Uane 11919) 245-2575 Jill 5z R O Boy E 1E 1 11919) 644-3002 11RAX: Hillsbcirouglh, www.co.crancle.ric.L s N airth Clarclina, 27278 1,41b Aplrill 9, 2CI15 Milder Hari mann lE-'IO Weailharfard Circla Raleigh, NC 27604 RE: ORANGE COUNTY FBOOD HERMIT DETERMINATION — proposad astablishmanit of conisarvation arca and riaplanting oil megallatkin within idar.itifrac Special Blood Hazard Area (S BHA) Ouarilay District foci 2 palicels oil propally (PINS 9768-11-1753 and 9761 -SISI -5479) To Whom It May Concarn: Orariga Caunly is :in racieipt afl a Alaadplain Eavalopme t Permit proposing tha rafoi asiling of piople:rty within an is aritifiad floodplair.i. Specifically, thle projact will invalva thla pl ant.ing ofl nail iva i1 rias along Neville C raekl la on ilia follawiing partials: 1. Ar apprax:irrately 112 aura parcel ail proparty ownad by Nattiia Gambill, na assigned physical address, :icantifiad utilizing Orange Caunty Parcel Ident:ificiaticm Numbar (PIN) U68-11:1-:11321, cmc �I. Ar aplplrax.irrataly 8.7 acro parcel aflplrople:rty ownad ly Johrl and Jlan.ina MaGea with a physical sllraet addrass of 22CI1 Stansbury Raac fihihar identified utilizing Orange County Parcal Idunlif cation Number IPIN' 91(7-]9-5479. Thle pwcells idantificic bleiein aia both) cant : • Rlural Buff Ur (RB;, • Uni-mersity Bakla Protected Watarshled Protealion Ovarlay E istrict, and • Spacial Blood Hazard Arcia Ovarlay E istricit (ISIIHA; The SFHA districll, as you arc aheady aware, indicatas thara is :idantifrcid faadpllain an thla 2 propertias, as danated on Aadaral Insuranca 14ata Maps (IFIRM; nurrbar 37CI1SPF1100J fanal(s: SIDE 1 and 9767 J rasplacitivelly w.iel an affacitimu date of Ilabruary 2, 2007 (hlereafler `the p roplari y" . C-1 Me project is inlendad 10 reastablishl ptotaativc vegetat:ivc cover along the afkiric meritioned water A ay . Aceardi ng to the infotmail i on supplied to sl aff the project will not invollva the excavation cxisling land, or ilha depositing of fill material, within the floodplain. The submits cd map does riot :ind:icata the ptesenice oft vwetlands wiilhin the projciat arc a (hereafilcii 'the projcat'). As a result ofIthe properties being laaatcc withlin the SF IIA district, dauclopment praj acts ara rcicuijcd 10 darranstrale aomplianae w:ilh cstablishad flcad regulations as embodicc within the Orange County LInificid Dlevelopmani O:rdinianac (UDIO). The County alsa has iiegulations rccuiring thla protection of the nailural areas around vwatar flatures (i.a. strewn buflits) ragul ations as do taxi 1 e d within Arti ch 6 of I the LIDO. "ItaffI has beeni askcc to review the propasall anc detarminie complianice with applicable County tegulationis. This praject inuollvas the review of saucral agcneies, most notably 1ha NC Dleparrrarit of Environment aric Nailural resources (DIENR;, in deilciimining tha viability of the projc at. This letilcr only fbauses on any local) (i.e. Orangc CauniN: permit slandards and does niot plric sume to k critifiy requirements associated with any olhcr permitting process. Upon review of the propasall, stafllwau:ld Eike to affn the following eamrrents: 1. The request has boom submitted in aceardance with the pravis:ians of Sealion 1.6.2 Floodplain De i etc prn ent Pe;r mii ana Ceivificatc Regi imments — Il ilans and � pph caticin Requirierr, einh of 1 he LIDO. 2. Par Se(floni 6.13.6 Stream, llhfferili — Uscis ililowcillile Withir Stileam Buff(im afl the UDICI `rasloration of stream buffrs' is allowed as a `matter oil riighlt' within identified sitraam buff r s. I. In reviaw:ing the submitted plan the praject doas riot gala foci thlc depositing of fill matcrial withlin ilhc is antific d floodplain ar the floodwaN. Grading acilivitics will he l:irr.itcd to those panions afl the praject requiring the actual dislurbariae aflland area far the purpose aflre-establishing riatiuc vegalat:ion. 4. In revicvwing the sul rriittcc site p.lari there does riot apps ar to be any alltetatian of existing grade ar the `mass gracing' of property to aacommodale iha pro'Iaet. .I. Pc r Sc ationi 6.(.l (14' aft 1ha UDIOc isilurh amce p:rokicits w:ilhin identified f oodplairis shall: `riin,imiae f clad damages comikiient wiilh th(sie ana other applicallile County reguiladonl i' . Based ori the submitlled documcnilat:ion it vwauld appear the projcat vwil:l aomply with applicable davc lopment guide lines assoei atc c w'th the SPINA Overlay D:i strii cit and is conisisilcnt with BEMA reguaations govarriind land disturbanca acilivities within idcntifrcd floodplain areas. Based ori the submittc c c aeum anital i on, and in aceardanea with Sc cticn 2.E .2 of the UE0, staff can issue ap prowl far the pro'Iaet, from bath) a wining and flooc pc rm itting standpoint. Tha praject willl net ricquiirc additianal floodplain analysis as the rcaslabl:ishmentl afl C-2 vegeilationi is niot decimiad to creailci/impacit axisdng floocways. '➢ha prajacit, in facil, will halp to biting 1ha plrapar N batik into compliance w.ilh applicat le strciam tuff it regulations and fi rltlar stabilize the tants oflNavilla Craekl. Flleasa riate ]lane dislurbin€I abivitias shall be paiimittad to aammenica onae all other r(quired permitting preicieisses hlave taan adhlarad to, iinciluding any appllicab:lci Erosion Contra] permits issuad by Orange Clauily and any requ:ircic Stata/Fadaiial permits, withl copicis afl said authoriaatians bairiq priovidad to the Claunty for ouri rciaords. '➢ha Oraniga County Flanning deparmenit ]oaks forward to aanlinue Aortling with you oni this plrojact. P:laasci aanllact staff at (91q; 245--2f ) f far addiilional assistanaa. CC: Craig Bancicict, Flanning Elirealov Howard Fleming hi, Erosion Control )Mosley Poola, Flrosion Control Aamas Biiyan, Staff I Attoinay Fila Sinaere:ly, Tffiiel--D— FTaive , CFO, CZO Clurrar� Flanrning Supervisor Oranga County C-3 Attachment D. State Historic Preservation Office Review btu. STATE ai 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.reviewkncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 603(Ramona 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 Governor Mr. Mike Herrmann Watershed Investments NC 1630 Weatherford Circle Raleigh, North Carolina 27604 mherrmannC@watershedinvestmentsnc.net Bryan Gossage Director February 27, 2015 Donald R. van der Vaart Secretary 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: *For status and accuracy definitions, please see the Rare Species Status Definitions and Element Occurrences documents at https://ncnhde.natureserve.org/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 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 I Historical I Very Low SR I --- *For status and accuracy definitions, please see the Rare Species Status Definitions and Element Occurrences documents at https://ncnhde.natureserve.org/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.ncnhp.or). 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, ■ Allison Schwarz Weakley, Conservation Planner NC Natural Heritage Program E-2 Attachment F. Division of Water Resources Project Viability Letter RUM 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 Propert►r • 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, 201.5). 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: 919-807-63001 FAX: 919-807-6494 Internet: www.ncwaterquality.org An Equal Opportunity l Aifirmafive 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)-807-5371 if you have any questions regarding this correspondence. KA H/km Attachments: Site Aerial Map cc:File Copy (Katie Merritt) Sincerely, 5 Karen Higgins, Supervisor 401 and Buffer Permitting [Unit F-2 F-3 Attachment G. Division of Water Resources Finacial Assurance Guidance Memorandum WA '~" 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 LIMBI 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,rnerrittOncdenng-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 l Af irmalive 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 [mailto:mike herrmann@hotmail.com] 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 Removed in the Attachment as it is duplicated in Attachment F. 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.watershedinvestmentsnc.net H-2 ATTACHMENT H. Attachments 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 lbs and 243.00 P lbs. This is based on an annual nutrient offset crediting for the site of 36.37 N pound (lbs)/year and 8.10 lbs/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 (lbs/yr) (lbs/yr) reduction (lbs/yr) (Ibs/30 yrs) Nitrogen 80.52 44.15 36.37 1091.10 Phosphorus 16.08 7.98 8.10 243.00 H-3 ATTACHMENT H. Attachments Attachment B. Jordan Falls Stormwater Accounting Tool Data Sheets. STormwaTer MlUTTIZe` T 'Coad'Ancount0a 7,00d, dQirMa 300 Date: July 9, 2015 Project Name: Neville Farms - Tract 2 1,377,644 Development Area (ft): Physiographic Region: Piedmont Project Latitude Coordinates: N Project Longitude Coordinates: W Precipitation Location: Raleigh Project Designer: Watershed Investments NC Contact Phone Number/Email: Project Description: Nutrient Offset Calculation Summary for Neville Farms -Tract 2 H-4 Import An Existing Project Watershed Characteristics Introduction Project BMP overalry Individual BMP Information Characteristics Summa Summar WATERSHED LAND USES TN TP EMC EMC (mg/L) (mg/L) COMMERCIAL Parking lot 1.44 0.16 Pre -Post Development. (ftp) - Development (ftp) _ Roof 1.08 0.15 Open/Landscaped 2.24 0.44 INDUSTRIAL Parking lot 1.44 0.39 Roof 1.08 0.15 Open/Landscaped 2.24 0.44 TRANSPORTATION High Density (interstate, main) 3.67 0.43 JIF Low Density (secondary, feeder) 1.4 0.52 Rural 1.14 0.47 Sidewalk 1.4 1.16 PERVIOUS Managed pervious 2.65 0.735 Unmanaged (pasture) 3.61 1.56 Forest 1.47 0.25 RESIDENTIAL - COMPOSITE LAND USES Y. -ac lots Y -ac lots :4 -ac lots 1 -ac lots 2 -ac lots Multi -family 2.02 .2.07 2.11 2.15 2.22 1.92 0.43 0.43 0.43 0.4 0.44 0.41 1 1,303,592 1,303,592 Townhomes 1.94 0.42 Custom Lot Size -- -- RESIDENTIAL - INDIVIDUAL LAND USES Roadway 1.4 0.52 Driveway 1.0 1.44 0.39 Parking lot 1.44 0.39 Roof 1.08 0.15 Sidewalk/Patio 1.4 1.16 Lawn 2.65 0.735 52,272 Managed pervious 2.65 0.735 Forest 1 1.47 1 0.25 JURISDICTIONAL LANDS Natural wetland Riparian buffer - Zone 1 (Forested) Riparian buffer -Zone 2 Open water LAND TAKEN UP BY BMPs 1.47 1.47 2.65 - 1.08 0.25 0.25 0.735 -- 0.15 21,780 21,780 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 (ft2): 1,377,644 Clear All Entries Print Watershed Characteristics Supporting Calculations SIMPLE METHOD Runoff Coefficient Rv Rv= 0.05+(0.009*1) where I = percent impervious (%) Pre -Development Watershed: 1= 7% Rv= 0.11 Post -Development Watershed: 1= 11% Rv = 0.15 Stormwater Runoff Generated, V 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' Average Annual Pollutant Loading Leaving a Catc 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 H-5 Introduction Project Watershed Overall Individual BMP BMP Characteristics Information Characteristics summary Summary 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 High Density (interstate, main) Low Density (secondary, feeder) Rural Sidewalk BMP #1 Other Custom BMP B LSFS HYDRO: Buffer EMCs CATCHMENT 1 BMP #2 BMP #3 Overflow%: %Treated Overflow%: %Treated Overflow%: %Treated 5% 55% TN EMC (mg/L): TP EMC (mg/L): TN EMC (mg/L): TP EMC (mg/L): TN EMC (mg/L): 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 by BMP 2 (ft) _ _ _ _ Area treated by BMP #2 that is not treated by BMP #1 (ftZ) Area treated by BMP #3 that is not treated by BMPs #1 or #2 (ftZ) Total Land Use Area Treated By All BMPs (ftZ) 0 Allowable Total Land Use Area to be Treated Based on Post-Dev. Areas (ftZ) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H-6 MISC. PERVIOUS Managed pervious Forest RESIDENTIAL 2 -ac lots 1 -ac lots Y. -ac lots Y. -ac lots Y. -ac lots Townhomes Custom Lot Size Parking lot Roof Sidewalk Lawn 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'): TOTAL AREA TREATED BY SERIES (ft): H-7 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 Post Development Conditions Conditions w/ BMPs Percent Impervious (%) 6.8% 10.6% 10.6% Annual Runoff Volume (c.f.) 580,321 758,346 462,590 Total Nitrogen EMC (mg/L) 2.22 1.93 1.53 Total Nitrogen Loading (Ib/yr) 80.52 91.55 44.15 Total Nitrogen Loading (Ib/ac/yr) 2.55 2.89 1.40 Total Phosphorus EMC (mg/L) 0.44 0.37 0.28 Total Phosphorus Loading (Ib/yr) 16.08 17.38 7.98 Total Phos. Loading (Ib/ac/yr) 0.51 0.55 0.25 Overall BMP/Catchment Summary H-8 Area Volume Treated Reduction (ft') M I Outflow TN (mg/L) I Outflow TP (mg/L) Outflow TN (lbs/ac/yr) Outflow TP (lbs/ac/yr) TN Reduction M TP Reduction M Catchment 1 1,355,864 40.0% 1.53 0.28 1.41 0.25 1 58.69% 71.20% BMP 1 1,355,864 40.0% 1.53 0.28 1.41 0.25 58.69% 71.20% BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 2 0 NA NA NA NA NA NA NA BMP1 0 NA NA NA NA NA NA NA BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 3 0 NA NA NA NA NA NA NA BMP1 0 NA NA NA NA NA NA NA BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 4 0 NA NA NA NA NA NA NA BMP1 0 NA NA NA NA NA NA NA BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 5 0 NA NA NA NA NA NA NA BMP1 0 NA NA NA NA NA NA NA BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 6 0 1 NA NA I NA NA I NA NA NA H-8 ATTACHMENT H. Attachments ATTACHMENT C. Tract 2 Restoration Area and Watershed Map �iQ%] Ol �- - sod Legend Reforestation/EasementArea • � \. � �" ' Project Watershed now Parcel Boundaries _ County Boundary 2ft Contour 20ft Contour 1 Chapel � Hill Carrboro " 5A i Map Map Location 15 � 0 225 450 Feet �iQ%] Attachment I. Site Delivery Factor Determination From: Davis, Amin <amin.davis@ncdenr.gov> Sent: Monday, October 5, 2015 4:51 PM To: mherrmann Cc: Gannon, Rich Subject: RE: Jordan Lake - Updated Jordan Delivered Factors MIKE — Below are the delivery factors you can use for the Neville -McGee nutrient offset site per our correspondence with you. We plan on sending out a memo to interested parties by Wednesday concerning these updated delivery factors/zones. We appreciate your patience. TN: 89% (Zone 9) TP: 79% (Zone 8) Thank You, Amin Amin Davis, PWD Watershed Restoration Specialist NCDEQ - 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 I-1 > ?t 2f\ - . 2 \I �} d W-2�1' . I c- � � 9i i i i 0 a