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
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