HomeMy WebLinkAbout20150636 Ver 1_BPDP_Phased_20160601
Neville 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 1st, 2016
Prepared by:
Watershed Investments NC, LLC
1630 Weatherford Circle
Raleigh, NC 27604
Phone: 919.533.9195
Contents
............................................................................................................................ ii
LA
IST OF TTACHMENTS
1.0 Introduction ................................................................................................................................. 1
........................................................................................................................... 1
1.1Bank Sponsor
............................................................................................... 1
1.2Project Location and Description
................................................................................................................. 1
1.3Directions to the Site
............................................................................................................... 1
Tract 1 (Gambill Property):
................................................................................................................ 1
Tract 2 (McGee Property):
......................................................................................................... 1
2.0PSD
ROJECT ITE ESCRIPTION
.................................................................................................................................. 1
2.1Land Use
..................................................................................................................... 2
2.2Watershed Setting
...................................................................................... 2
2.2 Surface Hydrology and Watershed Area
................................................................................... 2
2.3Surface Water Determination for the Site
.............................................................................................................. 2
2.4 Floodplain Assessment
........................................................................................................................ 3
2.5Geology & Soils
.................................................................................................................. 4
2.6Cultural Constraints
.................................................................................. 4
2.8 Rare, Threatened and Endangered Species
..................................................................................................... 5
2.9Existing/Historic Vegetation
............................................................................................................ 5
3.0PPP
ROJECT LANTING LAN
................................................................................................... 5
3.1 Riparian Restoration Activities
............................................................................................................................. 6
3.2 Planting Plan
.................................................................................................. 6
3.3 Riparian Preservation Activities
............................................................................. 6
3.4Site Preparation and Invasive Species Control
................................................................................................................ 7
3.5Easement Boundaries
............................................................. 7
4.0PMP
ROJECT ONITORING AND ERFORMANCE STANDARDS
............................................................................................................ 7
4.1Project Monitoring Plan
....................................................................................................... 8
4.2 Adaptive Management Plan
.................................................................................................... 8
4.3 Long Term Management Plan
................................................................................................................ 8
5.0.FA
INANCIAL SSURANCE
............................................................................................................ 13
6.0MP
ITIGATION OTENTIAL
............................................................................................................................. 17
7.0R:
EFERENCES
LA
IST OF TTACHMENTS
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
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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 18,
th
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 29, 2016. This MBI is in accordance with 15A NCAC 02B .0295 (Temporary Consolidated Buffer
th
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 Phone: 919-559-6264
1630 Weatherford Circle Email: mherrmann@watershedinvestmentsnc.net
Raleigh, NC 27604
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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 Property):
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 PSD
ROJECT ITE ESCRIPTION
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:
1.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
2.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.
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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 University Lake
NC DWR Watershed Water Supply II
Classifications 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 9, 2015 provided their determination that the
th
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
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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 Descriptions. (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 depth 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 depth 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.
GlF This soil is found on hillslopes and ridges. The
Goldston parent material consists of weathered argillite. The
channery silt soils may have bedrock within 10-20 inches of the
5.5% No D
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.
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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 (T) 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 (Somatochlora georgiana) – A dragonfly Somatochlora georgiana 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 Somatochlora georgiana 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.
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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 tulipifera Ironwood Carpinuscaroliniana
Sweet Gum Liquidambar styraciflua Loblolly Pine Pinustaeda
Red Cedar Juniperus virginiana Spicebush Lindera benzoin
Box Elder Acer Negundo 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 Ligustrum sinense
Autumn Olive Elaeagnus umbellate
Japanese Honeysuckle Lonicera japonica
3.0 PPP
ROJECT LANTING LAN
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.
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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 native species.)
Common Name Scientific Name Common Name Scientific Name
Yellow Poplar Liriodendron tulipifera Swamp Chestnut Oak Qurercus michauxii
Eastern Redbud Cercis Canadensis Cherrybark Oak Quercus pagoda
River Birch Betula nigra Sycamore Platanus occidentalis
Green Ash Fraxinus pennsylvanica
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.
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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 PMP
ROJECT ONITORING AND ERFORMANCE 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.
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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
WINC, 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 4 year monitoring
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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. FA
INANCIAL SSURANCE
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.
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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.
Project Cost Bond Amount
Construction $27,700 $50,000
1
Phase 1
Monitoring $32,000 $32,000
2
Construction $17,550 $50,000
1
Phase 2
Monitoring $12,000 $25,000
2
WINC reserves the right to acquire one performance bond to cover 100% of the construction cost
1
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
2
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.
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Neville Farms BPDP Watershed Investments NC
Table 5.2. Phase 1 Planned Construction Costs
Cost per Application/ Attorney Fees Total
Activity Quantity
Unit Handling Fees Other Changes Cost
1 $1,750 $50 $0 $1,800
Mitigation Banking Document
Bank Parcel Development
1 $3,750 50 $0 $3,800
Package Document
1 $3,000 $3,000
As-Built Report
Establishment of Vegetation
4 $350 $1,400
Plots
1 $2450 $2,450
GIS / Mapping
1 $2,500 $2,500
Survey
Filing of Conservation
1 $550 $550
Easement/Deed
1 $4,800 $4,800
Site Preparation
1 $500 $500
Herbicide
1800 $3 $5,400
Plants/Planting
0 0
Fertilizer
1 $1,500 $1,500
Planting Contractor
$0 $0
Equipment Costs
$27,700
Total Planned Construction Costs
Table 5.3. Phase 1 Monitoring & Maintenance Costs
Cost
(per Consultant Total
Monitoring Tasks Quantity Unit) Fees 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
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Neville Farms BPDP Watershed Investments NC
Table 5.4. Phase 2 Planned Construction Costs
Cost per Application/ Attorney Fees Total
Activity Quantity
Unit Handling Fees Other Changes Cost
1 $1000 $50 $0 $1,050
Mitigation Banking Document
Bank Parcel Development
1 $3,750 50 $0 $3,800
Package Document
1 $1,400 $1,400
As-Built Report
Establishment of Vegetation
2 $400 $800
Plots
1 $1,100 $1,100
GIS / Mapping
1 $2,000 $2,000
Survey
Filing of Conservation
1 $550 $550
Easement/Deed
1 $3,500 $3,500
Site Preparation
1 $250 $250
Herbicide
700 $3 $2,100
Plants/Planting
0 0
Fertilizer
1 $1,000 $1,000
Planting Contractor
$0 $0
Equipment Costs
$17,550
Total Planned Construction Costs
Table 5.5. Phase 2 Monitoring & Maintenance Costs
Cost
(per Consultant Total
Monitoring Tasks Quantity Unit) Fees 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 $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
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Neville Farms BPDP Watershed Investments NC
Table 5.6.Contractors/Consultants for completion, monitoring 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@embarqmail.com
k2design@suddenlink.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@axiomenvironmental.org
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Neville Farms BPDP Watershed Investments NC
6.0 MP
ITIGATION OTENTIAL
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(i) – 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 (ft)
2
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 (ft)
2
Riparian Buffer Preservation: 0.64 acres for a credit of 2,787.8 square feet (ft)
2
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Neville Farms BPDP Watershed Investments NC
Table 6.1. Phase 1 Neville Farms Buffer Credit Generation Summary
Buffer Mitigation Type Ratio Phase 1 Credit Per Total Buffer
Zone Area (ac) Acre Credit
Buffer
Zone A
Preservation
10:1 0.62 4,356 2,700.7
(0-50 ft)
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
Generated Nutrient
Buffer Mitigation Type Phase Generated Offset Delivery Factor Delivered Offset
Offset Credit Yield
Zone 1 area Credit for Offsets Credit
(lb/30yr/ac)
(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
3.70 8,026.27 532.09 7,143.38 420.34
for Nutrient Offset Credit
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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 Area (ac) Acre Credit
Buffer Restoration 1:1 0.68 43,560 29,620.8
Zone A
Buffer
(0-50 ft)
10:1 0.55 4,356 2,395.8
Preservation
Riparian
1:1 0.48 43,560 20,908.8
Restoration
Zone B
(51-100 ft)
Riparian
10:1 0.09 4,356 392.0
Preservation
Riparian
1:1 & 50% 0.04 21,780 871.2
Restoration
Zone C
(101-200)
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
Generated Nutrient
Buffer Mitigation Type Phase * Generated Offset Delivery Factor *Delivered Offset
Offset Credit Yield
Zone 2 area Credit for Offsets Credit
(lb/30yr/ac)
(ac) N P N lbs P lbs %N %P N lbs P lbs
Zone A Buffer
0.68 618.29 137.70 550.28 108.78
(0-50 ft) Restoration
Zone B Riparian Restoration
0.48 436.44 97.20 388.43 76.79
(51-100 ft)
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
1.20 1091.10 243.0 971.08 191.97
for Nutrient Offset Credit
*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 (JFSAT) 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 R:
EFERENCES
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-
4c19-809b-fcb12e0daff1&groupId=61587. Accessed 4/24/15.
NC State Historic Preservation Office. 2015. HPOWEB GIS Service. Online at
http://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://portal.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
http://websoilsurvey.sc.egov.usda.gov/App/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/raleigh/species/cntylist/orange.html
(Accessed 4/8/15).
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Neville Farms BPDP Watershed Investments NC
A
TTACHMENTS
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Neville Farms BPDP Watershed Investments NC