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HomeMy WebLinkAbout20150636 Ver 1_Submission 4 Attachments_20160601ATTACHMENT A. Supporting Figures Figure 1. USGS 1:24,000 Topo Map & Site Location - -f p f L 14 5 i2 r 2 r Project Site w, r .2'79 'S niR�T�P 1 0.325M .65 1101 Legend Ste m Ossipee Propect PFOPertiec EI on Haw Rinner Streams ffFomTnpo ma: Cre-edlY� acr Biu to er Graham Hillsborough County Boundary Alamance USA Topo Maps Orange Par wI Boundaries Chapel Hill 6u rham 'arrhor Raleigh Liberty rrisville Staley Map Location Siler Gary City PltlsbOr@ Pex Garner Holly Springs San ord. niR�T�P 1 0.325M .65 1101 Legend Neville Far ns Site Propect PFOPertiec Streams ffFomTnpo ma: Roads IIt���9 County Boundary USA Topo Maps Orange Par wI Boundaries I& � /'e,,, WATERS gI Iract 2 Planned Easement Figure 3. Neville Farm Watershed Setting/Service Area. .,,. � . ' • � � .. �� _ � � '-- 70 _ �?'mac - - - I t `f e •pr ._ f X, y 96 V ` n Upper New Hope _ SubwatershedPW �% ORANGE r DURHAI`1 Project Site ss\; Location la, r4;,, i hapel H ., 1 1 •l r _ 14, /I 751^ `. , f -'CHATHAM - r WAKE -1 Jordan Lake t = I � � - , ti�n�anght 2�rt Jatio';nal�en,;u�hlc5�clet I_ube�� �,I Ir " +PERSON I �� I�ORFH.4PA PTO�d Legend N TOK�EROCKIN �CASwELL ++ # I VANCE�J WARREN y ---J GRANVELLE J �J FORSYTH- " " I / --��DII$HAM r •HALIFAX Roads ? I �� �- 0 2.2'55 4. rj-IGl11LF OR❑ ORANGE J •its FRANKLIN `I Upper New Hope Mlles ` U pe J roVA� € t NASH —"-ALJLVA C€ New yHope ® Neville Farm Properties DAVIDSON rC.HATH_AI.`,j / + J S I P1Nna" H � e1nf I county Boundary _ Jaedan Lake 1HS�� l __ —J Subwateishe_ dsr JOHNSTON i StreamslWaterbodles t LEE ti STA NLY ��� MOORE ti` ,f HARNETr ,� SWAY NE MONTGOMERY ) SAMPSON A-3 Figure 4. Neville Farm SSURGO Soils Map (Source: USDA 2015) I 68x Neviie�r _ Bi r 54 N Neville Creek -Carrboro Plannetl Easement Boundary t Sq ] Mapu nit Symbol ( Ap6 ApC 13 CP Map Location RV Owl GeB GeC 0 245 490 GIF Feet ® County Boundary A-4 IM i l - i i i ti� r t Tract 1 Planned Easement 71 i ,!j i ract 2 Planned Easem t .V I NO, C%Ojlop AW" Figure 6-13. Neville Farms Phase 2 Buffer Mitigation and Riparian Zones. A-7 Attachment B. Orange County Stream Determination Documentation From: Wesley Poole <wpoole@orangecountync.gov> Sent: Monday, February 9, 2015 4:55 PM To: 'mherrmann' Cc: 'katie.merritt@ncdenr.gov'; Howard W. Fleming Subject: RE: Orange County - Jordan Lake Stream Call for potential Nutrient Offset/Buffer Credit - Neville Farm Attachments: Site Assessment Map (PIN 9767295479 ) 2 SMS 02-09-15.pdf Mike / Katie, I had our Current Planning Division here at Orange County put together the attached "Site Assessment" showing current environmental conditions on the southernmost property bordering the stream in question. This is a standard document given to citizen's inquiring about parcels of land. Our system is organized by PINs instead of physical addresses or latitudes / longitudes, but you should be able to easily cross reference the supplied data. The stream in question is shown on both the USGS and Soil Survey, hence portrayal on our GIS System. It also has associated floodway / floodplain with approximate required Orange County stream buffers as shown. With regards to the question of it being a jurisdictional stream subject to buffer rules ... Orange County is delegated by DWR to conduct Surface Water Determinations and our protocol is as follows: a stream is considered as jurisdictional if it shows up on the Orange County GIS System (a collection of both USGS and Soil Survey Streams) and can only be removed by staff certified in Surface Water Identification after a jurisdictional call of removal is made at the required cost for assessment ($200 for 1-2 Determinations/Site ). Our aerial imagery clearly shows the section of Neville Creek in question as a "water flowing" feature, so I saw no reason for a site visit at the expense of the client. This imagery can be viewed at the following link: http://server2.co.orange.nc.us/OrangeNCGIS/default.aspx Please advise if further verification is needed. Thanks, Wesley Poole Erosion Control & Stormwater Officer II Orange County Planning & Inspections Dept. (919) 245-2587 From: mherrmann [ ma i Ito: m herrma n n (abwatershed i nvestmentsnc. net] Sent: Monday, February 09, 2015 8:05 AM To: Wesley Poole Subject: FW: Orange County - Jordan Lake Stream Call for potential Nutrient Offset/Buffer Credit - Neville Farm Hi Wesley — Would you be able to provide the documentation that Katie mentions? I think the assessment you referenced would be good supporting evidence but I'll also need documentation from you or someone else at the county who can make stream determinations that the stream section on Neville Creek is subject to the buffer rules. The lat/long for the site that I've been using is 35.891902 N, - 79.128051 W. -Mike From: Merritt, Katie [mailto:katie.merritt@ncdenr.gov] Sent: Friday, February 6, 2015 3:09 PM To: mherrmann Cc: wpoole(c0orangecountync.gov Subject: RE: Orange County - Jordan Lake Stream Call for potential Nutrient Offset/Buffer Credit Neville Farm Hi Mike, An email from Orange County will suffice. Ask for the exact location (physical) and long/lat of the feature they are making the jurisdictional call on. Thank you, katie From: mherrmann [maiIto: mherrmann@watershedinvestmentsnc.net] Sent: Friday, February 06, 2015 12:39 PM To: Merritt, Katie Cc: wpoole(a)orangecountync.gov Subject: FW: Orange County - Jordan Lake Stream Call for potential Nutrient Offset/Buffer Credit - Neville Farm Hi Katie — I contacted Wesley Poole from Orange County Soil and Water about the Neville Farm site I reference in the email I'm forwarding. Due to the size of the stream he observed on aerial photography and its presence on the 1:24,000 topographic map, Mr. Poole determined that the stream section in question would be jurisdictional and subject to the buffer rule and that a field determination was not necessary. What information would you like me to have to document his determination? -Mike p.s. I left you a voicemail this morning regarding this. Please feel free to respond via email or phone. Mike Herrmann 1630 Weatherford Circle Raleigh, NC 27604 (p) 919-559-6264 mherrmannn_,watershedinvestmentsnc. net www.watersbedini)est#ient.fnc.net This electronic mail communication may contain privileged, confidential, and/or proprietary information which is the property of Watershed Investments NC, LLC or one of its affiliates. If you are not the intended recipient or an authorized agent of the intended recipient please delete this communication and notify the sender that you have received it in error. Site Assessment for PIN:9767-29-5479 Site Data Zoning: RB Acreage:8.79 acres within Orange County Overlay Districts: University Lake Protected Plat/Legal Description: DB 4978 / PG 491 Plat Book 497 / PG 591 Recorded Declarations/Covenants: Zoning Requirements Min. Lot Size: 87,120 sq. ft. Min. lot width: 130' Maximum height: 25' Building Setbacks: -Front (and Corner lots) = 40' from public rights-of-way -Side Setbacks = 20' from side lot lines -Rear Yard Setback = 20' from rear lot lines Note: Lot size, building setbacks and stream buffers may increase based on Private Road Justification (UDO 7.8.5). 11 0����♦��♦♦F t �� Soil: GIF PIN#: 9767295479 JOHN THOMAS MCGEE JANINE M MCGEE 2201 STANSBURY RD CHAPEL HILL, NC 27516 Environmental Features -Stream buffer and/or Floodplain located on lot. 200' grass stream buffer. Some wooded areas on northern property may qualify for 100' woods buffer. -Base Flood Elevation (BFE) is: 422 -Finished Floor Elevation (FFE) is : 424 Impervious Surface Limits: 6% max. (22,973.5 sq ft. max based on 8.79 acres). Land Disturbance Thresholds 1) Environmental Control Permit required if disturbing more than 10,000 sq.ft.; and 2) Stormwater Management Permit required if disturbing more than 43,560 sq. ft. for residential structures. Date Site Assessment Completed:2/9/2015 by SMS Streams (Deleted) - 2' Contours (NCDOT) 100 YR Floodplain — USGS Stream D Parcels (Effective 02/02/07) —• Soils Survey Stream rmlZoning Floodway Floodplain Buffer 65ft(Effective 02/02/07) Watershed 500 Year Floodplains Stream Buffer 65ft •`Soils (Effective 02/02/07) ITaE Data shown on this map is obtained from Orange County GIS and is for reference only. Exact locations and boundaries should be verified. Map prepared by Orange County Planning & Inspections. 02/09/2015 - smschultz N 1 inch = 200 feet B-3 0 50 100 mmmmlil:= Feet I > University LC Protecte at h'& CB r� ria O ,r. r �4 Streams (Deleted) - 2' Contours (NCDOT) 100 YR Floodplain — USGS Stream D Parcels (Effective 02/02/07) —• Soils Survey Stream rmlZoning Floodway Floodplain Buffer 65ft(Effective 02/02/07) Watershed 500 Year Floodplains Stream Buffer 65ft •`Soils (Effective 02/02/07) ITaE Data shown on this map is obtained from Orange County GIS and is for reference only. Exact locations and boundaries should be verified. Map prepared by Orange County Planning & Inspections. 02/09/2015 - smschultz N 1 inch = 200 feet B-3 0 50 100 mmmmlil:= Feet Attachment C. Orange County Floodplain and Project Review. ORANGE COUNTY PUANNING & INSPECTIONS DEPARTMENT Craicl N. Benedict, AICR, [lirectcir I"I , COM41,4 Current Rlannincl ®.� + 131 WeE t N arglare t Uane 11919) 245-2575 Jill 5z R O Boy E 1E 1 11919) 644-3002 11RAX: Hillsbcirouglh, www.co.crancle.ric.L s N airth Clarclina, 27278 1,41b Aplrill 9, 2CI15 Milder Hari mann lE-'IO Weailharfard Circla Raleigh, NC 27604 RE: ORANGE COUNTY FBOOD HERMIT DETERMINATION — proposad astablishmanit of conisarvation arca and riaplanting oil megallatkin within idar.itifrac Special Blood Hazard Area (S BHA) Ouarilay District foci 2 palicels oil propally (PINS 9768-11-1753 and 9761 -SISI -5479) To Whom It May Concarn: Orariga Caunly is :in racieipt afl a Alaadplain Eavalopme t Permit proposing tha rafoi asiling of piople:rty within an is aritifiad floodplair.i. Specifically, thle projact will invalva thla pl ant.ing ofl nail iva i1 rias along Neville C raekl la on ilia follawiing partials: 1. Ar apprax:irrately 112 aura parcel ail proparty ownad by Nattiia Gambill, na assigned physical address, :icantifiad utilizing Orange Caunty Parcel Ident:ificiaticm Numbar (PIN) U68-11:1-:11321, cmc �I. Ar aplplrax.irrataly 8.7 acro parcel aflplrople:rty ownad ly Johrl and Jlan.ina MaGea with a physical sllraet addrass of 22CI1 Stansbury Raac fihihar identified utilizing Orange County Parcal Idunlif cation Number IPIN' 91(7-]9-5479. Thle pwcells idantificic bleiein aia both) cant : • Rlural Buff Ur (RB;, • Uni-mersity Bakla Protected Watarshled Protealion Ovarlay E istrict, and • Spacial Blood Hazard Arcia Ovarlay E istricit (ISIIHA; The SFHA districll, as you arc aheady aware, indicatas thara is :idantifrcid faadpllain an thla 2 propertias, as danated on Aadaral Insuranca 14ata Maps (IFIRM; nurrbar 37CI1SPF1100J fanal(s: SIDE 1 and 9767 J rasplacitivelly w.iel an affacitimu date of Ilabruary 2, 2007 (hlereafler `the p roplari y" . C-1 Me project is inlendad 10 reastablishl ptotaativc vegetat:ivc cover along the afkiric meritioned water A ay . Aceardi ng to the infotmail i on supplied to sl aff the project will not invollva the excavation cxisling land, or ilha depositing of fill material, within the floodplain. The submits cd map does riot :ind:icata the ptesenice oft vwetlands wiilhin the projciat arc a (hereafilcii 'the projcat'). As a result ofIthe properties being laaatcc withlin the SF IIA district, dauclopment praj acts ara rcicuijcd 10 darranstrale aomplianae w:ilh cstablishad flcad regulations as embodicc within the Orange County LInificid Dlevelopmani O:rdinianac (UDIO). The County alsa has iiegulations rccuiring thla protection of the nailural areas around vwatar flatures (i.a. strewn buflits) ragul ations as do taxi 1 e d within Arti ch 6 of I the LIDO. "ItaffI has beeni askcc to review the propasall anc detarminie complianice with applicable County tegulationis. This praject inuollvas the review of saucral agcneies, most notably 1ha NC Dleparrrarit of Environment aric Nailural resources (DIENR;, in deilciimining tha viability of the projc at. This letilcr only fbauses on any local) (i.e. Orangc CauniN: permit slandards and does niot plric sume to k critifiy requirements associated with any olhcr permitting process. Upon review of the propasall, stafllwau:ld Eike to affn the following eamrrents: 1. The request has boom submitted in aceardance with the pravis:ians of Sealion 1.6.2 Floodplain De i etc prn ent Pe;r mii ana Ceivificatc Regi imments — Il ilans and � pph caticin Requirierr, einh of 1 he LIDO. 2. Par Se(floni 6.13.6 Stream, llhfferili — Uscis ililowcillile Withir Stileam Buff(im afl the UDICI `rasloration of stream buffrs' is allowed as a `matter oil riighlt' within identified sitraam buff r s. I. In reviaw:ing the submitted plan the praject doas riot gala foci thlc depositing of fill matcrial withlin ilhc is antific d floodplain ar the floodwaN. Grading acilivitics will he l:irr.itcd to those panions afl the praject requiring the actual dislurbariae aflland area far the purpose aflre-establishing riatiuc vegalat:ion. 4. In revicvwing the sul rriittcc site p.lari there does riot apps ar to be any alltetatian of existing grade ar the `mass gracing' of property to aacommodale iha pro'Iaet. .I. Pc r Sc ationi 6.(.l (14' aft 1ha UDIOc isilurh amce p:rokicits w:ilhin identified f oodplairis shall: `riin,imiae f clad damages comikiient wiilh th(sie ana other applicallile County reguiladonl i' . Based ori the submitlled documcnilat:ion it vwauld appear the projcat vwil:l aomply with applicable davc lopment guide lines assoei atc c w'th the SPINA Overlay D:i strii cit and is conisisilcnt with BEMA reguaations govarriind land disturbanca acilivities within idcntifrcd floodplain areas. Based ori the submittc c c aeum anital i on, and in aceardanea with Sc cticn 2.E .2 of the UE0, staff can issue ap prowl far the pro'Iaet, from bath) a wining and flooc pc rm itting standpoint. Tha praject willl net ricquiirc additianal floodplain analysis as the rcaslabl:ishmentl afl C-2 vegeilationi is niot decimiad to creailci/impacit axisdng floocways. '➢ha prajacit, in facil, will halp to biting 1ha plrapar N batik into compliance w.ilh applicat le strciam tuff it regulations and fi rltlar stabilize the tants oflNavilla Craekl. Flleasa riate ]lane dislurbin€I abivitias shall be paiimittad to aammenica onae all other r(quired permitting preicieisses hlave taan adhlarad to, iinciluding any appllicab:lci Erosion Contra] permits issuad by Orange Clauily and any requ:ircic Stata/Fadaiial permits, withl copicis afl said authoriaatians bairiq priovidad to the Claunty for ouri rciaords. '➢ha Oraniga County Flanning deparmenit ]oaks forward to aanlinue Aortling with you oni this plrojact. P:laasci aanllact staff at (91q; 245--2f ) f far addiilional assistanaa. CC: Craig Bancicict, Flanning Elirealov Howard Fleming hi, Erosion Control )Mosley Poola, Flrosion Control Aamas Biiyan, Staff I Attoinay Fila Sinaere:ly, Tffiiel--D— FTaive , CFO, CZO Clurrar� Flanrning Supervisor Oranga County C-3 Attachment D. State Historic Preservation Office Review btu. STATE ai North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz March 10, 2015 Mike Herrmann Watershed Investments 1630 Weatherford Circle Raleigh, NC 27604 Office of Archives and History Deputy Secretary Kevin Cherry Re: Neville Farm Nutrient and Buffer Mitigation Bank Site, Orange County, ER 15-0389 Dear Mr. Herrmann: Thank you for your letter of February 21, 2015, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewkncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 603(Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 D-1 Attachment E. Natural Heritage Program Project Review NCDENR North Carolina Department of Environment and Natural Resources Office of Land and Water Stewardship Pat McCrory Governor Mr. Mike Herrmann Watershed Investments NC 1630 Weatherford Circle Raleigh, North Carolina 27604 mherrmannC@watershedinvestmentsnc.net Bryan Gossage Director February 27, 2015 Donald R. van der Vaart Secretary RE: Neville Farms Nutrient and Buffer Mitigation Bank Site, Orange County, North Carolina Dear Mr. Herrmann: Thank you for the opportunity to provide information from the North Carolina Natural Heritage Program (NCNHP) database for the proposed project referenced above. The NCNHP database shows a record for a rare species — Pursh's Wild -petunia — that may occur within or nearby the proposed project area, and also a property owned by Orange County and considered to be Orange County open space immediately east and adjacent to the project area along Neville's Creek. Within one mile of the project area, the NCNHP database shows element occurrence records for the following rare species: *For status and accuracy definitions, please see the Rare Species Status Definitions and Element Occurrences documents at https://ncnhde.natureserve.org/content/help. The occurrence record for Pursh's Wild -petunia is from a dry road bank in the vicinity of Neville's Creek near University Lake, and is mapped in the NCNHP database as potentially occurring within your project area. Although the record for Pursh's Wild -petunia is considered to be historical, the last observation was made in 1940 by Al Radford and according to the NCNHP database the area has not been surveyed since the original observation. The occurrence record for Coppery Emerald has very low accuracy due to the lack of site-specific locational information associated with the record, but this species has been documented in Orange County. In addition, the NCNHP database shows several conservation/managed areas within one mile of the project area, including the property owned by Orange County adjacent to the eastern portion of the project area as noted above, as well as other Orange County open space properties upstream and downstream from the project, a conservation easement managed by the Triangle Land Conservancy ca. 0.45 miles east of the project, and properties under conservation easement managed by Earthmark North Carolina, LLC, located ca. 0.9 miles northwest of the project area. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 \ Internet: www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper E-1 ELEMENT OCCURRENCE STATE FEDERAL SCIENTIFIC NAME COMMON NAME STATUS ACCURACY STATUS STATUS Ruellia purshiana Pursh's Wild -petunia Historical Low SC -V --- Somatochlora georgiana Coppery Emerald I Historical I Very Low SR I --- *For status and accuracy definitions, please see the Rare Species Status Definitions and Element Occurrences documents at https://ncnhde.natureserve.org/content/help. The occurrence record for Pursh's Wild -petunia is from a dry road bank in the vicinity of Neville's Creek near University Lake, and is mapped in the NCNHP database as potentially occurring within your project area. Although the record for Pursh's Wild -petunia is considered to be historical, the last observation was made in 1940 by Al Radford and according to the NCNHP database the area has not been surveyed since the original observation. The occurrence record for Coppery Emerald has very low accuracy due to the lack of site-specific locational information associated with the record, but this species has been documented in Orange County. In addition, the NCNHP database shows several conservation/managed areas within one mile of the project area, including the property owned by Orange County adjacent to the eastern portion of the project area as noted above, as well as other Orange County open space properties upstream and downstream from the project, a conservation easement managed by the Triangle Land Conservancy ca. 0.45 miles east of the project, and properties under conservation easement managed by Earthmark North Carolina, LLC, located ca. 0.9 miles northwest of the project area. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 \ Internet: www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper E-1 Neville Farms Nutrient and Buffer Mitigation Bank Site, Orange County, North Carolina February 27, 2015 Page 2 The locations of natural areas and conservation/managed areas near the project area may be viewed by accessing the Natural Heritage Data Explorer online map viewer, or by downloading and using Geographic Information System (GIS) data; both options are available from the NCNHP Data Services webpage (www.ncnhp.or). Please note that occurrences of rare species documented within one mile of the proposed project area increase the likelihood that these species may be present within the project area if suitable habitat exists. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found during field surveys, the NCNHP would appreciate receiving this information so that we may update our database. Thank you for your inquiry, and please feel free to contact me at Allison.Weaklev@ncdenr.gov or 919- 707-8629 if you have questions or need additional information. Sincerely, ■ Allison Schwarz Weakley, Conservation Planner NC Natural Heritage Program E-2 Attachment F. Division of Water Resources Project Viability Letter RUM North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 6, 2015 Mike Hermann Watershed Investments NC, LLC 1630 Weatherford Circle Raleigh, NC 27604 (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Neville Creek Near 1501 Old Greensboro Rd, Chapel Hill, NC Orange County Dear Mike, Donald R. van der Vaart Secretary On February 13, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a request from Watershed Investments NC, LLC (WI) for a site visit near the above -referenced site to determine the potential for nutrient offset and Jordan riparian buffer mitigation. On March 24, 2015, Ms. Merritt performed a site assessment of two properties near the subject site, which are more accurately described in the attached aerial map. If approved, mitigating these properties could provide riparian buffer credits and/or nutrient offset credits within the Upper New Hope Watershed of the Cape Fear River Basin. Ms. Merritt's evaluation of the two properties' for buffer and nutrient offset mitigation is shown below: Gambill Propert►r • Stream onsite is Neville Creek and was determined to be at least Intermittent by the Town of Chapel Hill (email from Wesley Poole with Orange County on February 9, 2015). • The narrow forest fringe along Neville Creek was described to be mature with a closed canopy the entire length of Zone 1 of the ,proposed mitigation area. Therefore, Zone 1 is viable for buffer preservation only and suitable for buffer mitigation credit only. • The existing land use condition within Zone 2 of the Jordan buffer (21-50') was determined to be active hay crop cultivation. Therefore, Zone 2 is viable for buffer restoration and suitable for either buffer mitigation credit or nutrient offset credit. • The existing land use of the riparian area located outside of the Jordan buffer (51-200') was determined to be active hay crop cultivation. Therefore, this area is viable for riparian restoration and suitable for either buffer mitigation credit or nutrient offset credit. McGee Property Stream onsite is Neville Creek and was determined to be at least Intermittent by the Town of Chapel Hill (email from Wesley Poole with Orange County on February 9, 201.5). Division of Water Resources - 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 Internet: www.ncwaterquality.org An Equal Opportunity l Aifirmafive Action Employer —Made in part by recycled paper F-1 The existing land use condition within Zone 1 and Zone 2 of the Jordan buffer (0-50') was determined to be a mixture of mature hardwood trees with a disturbed understory dominated by invasives. The area within the Jordan buffer was determined to be viable for buffer restoration and suitable for buffer mitigation credit only. Site preparation will be needed to manually remove the invasives. Additionally, all of the erosional gullies and holes must be filled and stabilized to promote diffuse flow of stormwater runoff within the buffer. All trees must be surveyed out of the total square footage of the proposed mitigation area. • The existing land use condition outside of the Jordan buffer (51-200') was determined to be a maintained lawn and not in agriculture. This area is viable for riparian restoration and suitable for only buffer mitigation. A map showing the project site is provided and signed by Ms. Merritt on April 6, 2015. For any areas depicted as not being viable for nutrient offset credit above, WI could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset according to 15A NCAC 02B .0240. Please contact Katie Merritt at (919)-807-5371 if you have any questions regarding this correspondence. KA H/km Attachments: Site Aerial Map cc:File Copy (Katie Merritt) Sincerely, 5 Karen Higgins, Supervisor 401 and Buffer Permitting [Unit F-2 F-3 Attachment G. Division of Water Resources Finacial Assurance Guidance Memorandum WA '~" NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 2, 2014 MEMORANDUM TO: Approved Nutrient Offset & Riparian Buffer Mitigation Banks in NC FROM: Katie Merritt M Nutrient Offset & Buffer Banking Coordinator— Division of Water Resources THROUGH: Karen Higgins 401 and Buffer Permitting Unit Division of Water Resources Supervisor John E, Skvarla, III Secretary SUBJECT: Notification of potential changes to performance bond requirements for construction and monitoring costs of nutrient offset and riparian buffer mitigation banks in NC On February 19, 2014, Assistant Secretary of the North Carolina (NC) Department of Environment & Natural Resources, Mitch Gillespie, responded to a concerned citizen's letter requesting staff within the Division of Water Resources (DWR) re-evaluate the minimum requirements of performance bonds for nutrient offset and riparian buffer mitigation banks in NC. Currently, the requirements are a minimum of $150,000 and $100,000 for construction and monitoring costs respectively, Staff within the 401 & Buffer Permitting Unit of the DWR, conducted a thorough review of information received from mitigation providers and consultants and determined that performance bonds less than the current minimum bond requirements may be accepted on a case by case basis, Restrictions to the changes in bonding amounts are as follows: • Applicable for riparian restoration projects conducted by approved private mitigation banks only; • Applicable for projects 10 acres or less in size as shown on a survey; • Applicable for projects that do not include fencing as part of the approval for mitigation; • Not applicable for projects that include stream and/or wetland mitigation; and • No bond shall be less than $50,000 and $25,000 for construction and monitoring costs respectively. In accordance with the statement provided in Mr. Gillespie's response letter, the following applies: • "Operational procedures that are not in direct compliance with existing Umbrella Mitigation Banking Instruments (UMBI) will need to be approved prior to implementation". Therefore, mitigation bank sponsors who would like to modify the performance bond requirements on buffer/nutrient offset riparian restoration projects may submit a modification of their existing LIMBI for review and approval by the Director of the Division of Water Resources (DWR), prior to implementation. Please contact Katie Merritt at 919-807-6371 or katie,rnerrittOncdenng-ov for UMBI modification requests or questions regarding this correspondence. Division of Water Resources — 401 & Buffer Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 Internet: www.ncwaterquality.org An Equal Opportunity l Af irmalive Action Employer -Made in part by recycled paper G-1 Attachment H. NC DWR Approval Notice and Support Materials for Tract 2's Nutrient Credit Calculation. From: Davis, Amin <amin.davis@ncdenr.gov> Sent: Thursday, July 23, 2015 1:22 PM To: mike —herrmann@hotmail.com; mherrmann Cc: Gannon, Rich; Merritt, Katie Subject: RE: Neville Farms Tract 2 Nutrient Credit Calculation MIKE — I have reviewed your information and it appears to adequately document the site and associated offset credit calculations. Rich informed me that you and he spoke yesterday and the processing of your site information through DWR will take a couple of months. I'm sure we'll be in touch as things move forward. Amin From: Davis, Amin Sent: Tuesday, July 21, 2015 2:44 PM To: 'mike—herrmann@hotmail.com'; 'mherrmann' Cc: Gannon, Rich Subject: RE: Neville Farms Tract 2 Nutrient Credit Calculation MIKE — Thank you for sending this updated information. I will be in touch with you later this week regarding confirmation and next steps. "211 Amin Davis Watershed Restoration Specialist NCDENR Division of Water Resources Nonpoint Source Planning Branch 1617 Mail Service Center, Raleigh NC 27699-1617 919-807-6439 amin.davis@ncdenr.gov http://Portal.ncdenr.org/web/wq/­­ps/­nps From: mike herrmann@hotmail.com [mailto:mike herrmann@hotmail.com] Sent: Friday, July 17, 2015 4:20 PM To: Davis, Amin Subject: Fwd: Neville Farms Tract 2 Nutrient Credit Calculation Hi Amin, Attached are the nutrient calculation materials for Tract 2. The edits you suggested have been made to Attachment A. The remaining materials remain the same. If you are satisfied that these materials adequately document the site and offset credit calculation, I'll need a communication from your Branch stating that. Thank you, H-1 WATERSHED { Investments July 16, 2015 Amin Davis Nonpoint Source Planning Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Nutrient Offset Credit Claculation Materials for Neville Farms — Tract 2 Mr. Davis Attached for your review is the nutrient offset credit calculation and supporting materials for the Tract 2 (McGee Site) of the Neville Farms Riparian Buffer and Nutrient Offset Mitigation Bank. The following attachments are included in this submission: A. Summary of Project and Nutrient Offset Calculation B. Copy of Jordan Falls Stormwater Tool Data Sheets C. Map of Tract 2 Portion the Neville Farms Nutrient Offset and Buffer Mitigation Bank D. 401 & Buffer Unit Determination Letter Removed in the Attachment as it is duplicated in Attachment F. Would you please review these materials and respond as to whether you agree with the attached offset credit calculation? The awarding of that credit will also be determined by whether the project is developed in accordance with its Bank Parcel Development Package (BPDP) and if it meets the regulatory requirements established in the project's mitigation banking instrument. These are currently being developed in consult with the Division of Water Resource's 401 & Buffer Permitting Unit. Also, pursuant to 15A NCAC 02B .0273(2)(d)(i), the project will need to "account for differences in instream nutrient losses between the location of the reduction need and excess loading reduction in reaching the affected arm of Jordan Reservoir". In past communications, you've indicated that the Division is currently preparing to release delivery factors that will be applicable to this project. When those become available, will you please forward them so that they can be included in both the project's mitigation banking instrument and BPDP? Thank you for your help in the review for offset crediting of this site. I understand that it presented a departure from the traditional crediting sought for sites and, consequently, required additional review and consideration. I appreciate the timely manner with witch you have conducted your review. Sincerely, Mike Herrmann 16317 Weatherford Circle, Raleigh NC 27604 1 Tel :919-533-9195 1 www.watershedinvestmentsnc.net H-2 ATTACHMENT H. Attachments ATTACHMENT A. Tract 2 of Neville Farms Nutrient Offset Calculation Summary Project Overview Tract 2 is part of a larger restoration project identified as Neville Farms in the Bank Parcel Development Plan that is currently being developed. Located adjacent to Neville Creek, a perennial stream in Orange County, Tract 2 is on an 8.8 acre property owned by John McGee. The watershed draining through the project site encompasses 31.6 acres. The proposed Tract 2 conservation easement is approximately 1.7 acres with 1.20 acres anticipated for reforestation. The remaining 0.5 acres, a narrow, mature buffer ranging between 10 and 20 feet exists in portions of the easement area, will be considered as buffer preservation with no proposed nutrient reduction benefit. Attachment C provides a map of the Site including the land draining to it. For areas of the conservation easement lacking a forested buffer or with forests less than 50 feet, residential lawn will be replaced with native trees to create a buffer with widths varying between 50 and 150 feet. In accordance with current DWR policy, success criteria on the project will be based on a minimum planted stem density survival of 260 stems/acre after 5 years. Currently, the majority of Tract 2 consists of residential lawn. While it is eligible for buffer credit, staff from the 401 and Buffer Unit directed me to work with the Planning Section to develop the nutrient offset crediting because the site falls outside of the typical practice for generating nutrient offset credit (i.e., riparian reforestation of agricultural land). Attachment D contains a copy of the letter summarizing their determination. Nutrient Reduction Calculation Summary The calculated nutrient credit available for the site is 1091.10 N lbs and 243.00 P lbs. This is based on an annual nutrient offset crediting for the site of 36.37 N pound (lbs)/year and 8.10 lbs/year multiplied by 30 years. The method used to quantify nutrient offset credits has been developed through coordination and communication with the NC DWR Planning Unit staff. The agreed on approach involves the use of site-specific factors and the Jordan -Falls Stormwater Accounting Tool (JFSAT) Version 3.0. Supporting printouts from the tool are included in Attachment B. A summary of the nutrient offset calculation is included below. Table A-1 provides a summary of the estimated reduction from the JFSAT. The JFSAT accounts for both land conversion for nutrient removal from upland sources. The upland area is 29.93 acres. This area includes The Orchard, a development under construction that contains a mix of residential and forest land use with 2 ac residential lots being the predominant parcel type. Parameters used to run the tool along with its output are contained in Attachment B. Table A-1. Land Conversion and Upland Source Reduction. Nutrient Pre -project load Post -project load Nutrient Nutrient Credit (lbs/yr) (lbs/yr) reduction (lbs/yr) (Ibs/30 yrs) Nitrogen 80.52 44.15 36.37 1091.10 Phosphorus 16.08 7.98 8.10 243.00 H-3 ATTACHMENT H. Attachments Attachment B. Jordan Falls Stormwater Accounting Tool Data Sheets. STormwaTer MlUTTIZe` T 'Coad'Ancount0a 7,00d, dQirMa 300 Date: July 9, 2015 Project Name: Neville Farms - Tract 2 1,377,644 Development Area (ft): Physiographic Region: Piedmont Project Latitude Coordinates: N Project Longitude Coordinates: W Precipitation Location: Raleigh Project Designer: Watershed Investments NC Contact Phone Number/Email: Project Description: Nutrient Offset Calculation Summary for Neville Farms -Tract 2 H-4 Import An Existing Project Watershed Characteristics Introduction Project BMP overalry Individual BMP Information Characteristics Summa Summar WATERSHED LAND USES TN TP EMC EMC (mg/L) (mg/L) COMMERCIAL Parking lot 1.44 0.16 Pre -Post Development. (ftp) - Development (ftp) _ Roof 1.08 0.15 Open/Landscaped 2.24 0.44 INDUSTRIAL Parking lot 1.44 0.39 Roof 1.08 0.15 Open/Landscaped 2.24 0.44 TRANSPORTATION High Density (interstate, main) 3.67 0.43 JIF Low Density (secondary, feeder) 1.4 0.52 Rural 1.14 0.47 Sidewalk 1.4 1.16 PERVIOUS Managed pervious 2.65 0.735 Unmanaged (pasture) 3.61 1.56 Forest 1.47 0.25 RESIDENTIAL - COMPOSITE LAND USES Y. -ac lots Y -ac lots :4 -ac lots 1 -ac lots 2 -ac lots Multi -family 2.02 .2.07 2.11 2.15 2.22 1.92 0.43 0.43 0.43 0.4 0.44 0.41 1 1,303,592 1,303,592 Townhomes 1.94 0.42 Custom Lot Size -- -- RESIDENTIAL - INDIVIDUAL LAND USES Roadway 1.4 0.52 Driveway 1.0 1.44 0.39 Parking lot 1.44 0.39 Roof 1.08 0.15 Sidewalk/Patio 1.4 1.16 Lawn 2.65 0.735 52,272 Managed pervious 2.65 0.735 Forest 1 1.47 1 0.25 JURISDICTIONAL LANDS Natural wetland Riparian buffer - Zone 1 (Forested) Riparian buffer -Zone 2 Open water LAND TAKEN UP BY BMPs 1.47 1.47 2.65 - 1.08 0.25 0.25 0.735 -- 0.15 21,780 21,780 52,272 LAND USE AREA CHECK Total Development Area Entered (ft): 1,377,644 Total Pre -Development Calculated Area (ft'): 1,377,644 Total Post -Development Calculated Area (ft2): 1,377,644 Clear All Entries Print Watershed Characteristics Supporting Calculations SIMPLE METHOD Runoff Coefficient Rv Rv= 0.05+(0.009*1) where I = percent impervious (%) Pre -Development Watershed: 1= 7% Rv= 0.11 Post -Development Watershed: 1= 11% Rv = 0.15 Stormwater Runoff Generated, V V = Rv * A * (P/12) where A = area of catchment (ftz) P = average annual rainfall depth Pre -Development Watershed: A= 31.63 ac P= 45.41 in. V = 580321 ft' Post -Development Watershed: A= 31.63 ac P= 45.41 in. V = 758346 ft' Average Annual Pollutant Loading Leaving a Catc L=((P*Pj*Rv)a(12))*(C*A* where Pj = fraction of rainfall events that C= event mean concentration of Pre -Development Watershed: Pi = 1 CTN = 2.22 mg/L CTP= 0.44 mg/L LTN = 80.52 Ib/yr LTP= 16.08 Ib/yr Post -Development Watershed: Pi = 1 CTN = 1.93 mg/L CTP = 0.37 mg/L LTN = 91.55 Ib/yr LTP= 17.38 Ib/yr H-5 Introduction Project Watershed Overall Individual BMP BMP Characteristics Information Characteristics summary Summary Clear All Entries Print BMP Characteristics Type of BMP: Select predominant hydrologic soil group (HSG) for the location of the BMP. Description of Custom BMPs Under- or Over -sized Percentage: Hydrologic Values (Value must be entered by user for Water Harvesting or Custom BMPs) Hydrologic Values Nutrient Effluent EMC Values (Value must be entered by user for custom BMPs) Catchment 1: Drainage Area Land Use COMMERCIAL Parking lot Roof Open/Landscaped INDUSTRIAL Parking lot Roof Open/Landscaped TRANSPORTATION High Density (interstate, main) Low Density (secondary, feeder) Rural Sidewalk BMP #1 Other Custom BMP B LSFS HYDRO: Buffer EMCs CATCHMENT 1 BMP #2 BMP #3 Overflow%: %Treated Overflow%: %Treated Overflow%: %Treated 5% 55% TN EMC (mg/L): TP EMC (mg/L): TN EMC (mg/L): TP EMC (mg/L): TN EMC (mg/L): TP EMC (mg/L): 1.47 0.25 Does BMP accept the outflow from another Catchment? If so, indicate which one(s). (Land use areas entered below are in addition to the watershed areas treated by contributing catchment(s).) Area Treated by BMP 2 (ft) _ _ _ _ Area treated by BMP #2 that is not treated by BMP #1 (ftZ) Area treated by BMP #3 that is not treated by BMPs #1 or #2 (ftZ) Total Land Use Area Treated By All BMPs (ftZ) 0 Allowable Total Land Use Area to be Treated Based on Post-Dev. Areas (ftZ) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H-6 MISC. PERVIOUS Managed pervious Forest RESIDENTIAL 2 -ac lots 1 -ac lots Y. -ac lots Y. -ac lots Y. -ac lots Townhomes Custom Lot Size Parking lot Roof Sidewalk Lawn Forest JURISDICTIONAL LAND USES Natural wetland Riparian buffer - Zone 1 Riparian buffer -Zone 2 LAND TAKEN UP BY BMP TOTAL AREA TREATED BY BMP (ft'): TOTAL AREA TREATED BY SERIES (ft): H-7 Development Name: Total Development Area (ft): Designer: Date: Neville Farms - Tract 2 1,377,644 Watershed Investments NC July 9, 2015 Development Summary Pre -Development Post -Development Post Development Conditions Conditions w/ BMPs Percent Impervious (%) 6.8% 10.6% 10.6% Annual Runoff Volume (c.f.) 580,321 758,346 462,590 Total Nitrogen EMC (mg/L) 2.22 1.93 1.53 Total Nitrogen Loading (Ib/yr) 80.52 91.55 44.15 Total Nitrogen Loading (Ib/ac/yr) 2.55 2.89 1.40 Total Phosphorus EMC (mg/L) 0.44 0.37 0.28 Total Phosphorus Loading (Ib/yr) 16.08 17.38 7.98 Total Phos. Loading (Ib/ac/yr) 0.51 0.55 0.25 Overall BMP/Catchment Summary H-8 Area Volume Treated Reduction (ft') M I Outflow TN (mg/L) I Outflow TP (mg/L) Outflow TN (lbs/ac/yr) Outflow TP (lbs/ac/yr) TN Reduction M TP Reduction M Catchment 1 1,355,864 40.0% 1.53 0.28 1.41 0.25 1 58.69% 71.20% BMP 1 1,355,864 40.0% 1.53 0.28 1.41 0.25 58.69% 71.20% BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 2 0 NA NA NA NA NA NA NA BMP1 0 NA NA NA NA NA NA NA BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 3 0 NA NA NA NA NA NA NA BMP1 0 NA NA NA NA NA NA NA BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 4 0 NA NA NA NA NA NA NA BMP1 0 NA NA NA NA NA NA NA BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 5 0 NA NA NA NA NA NA NA BMP1 0 NA NA NA NA NA NA NA BMP2 0 NA NA NA NA NA NA NA BMP3 0 NA NA NA NA NA NA NA Catchment 6 0 1 NA NA I NA NA I NA NA NA H-8 ATTACHMENT H. Attachments ATTACHMENT C. Tract 2 Restoration Area and Watershed Map �iQ%] Ol �- - sod Legend Reforestation/EasementArea • � \. � �" ' Project Watershed now Parcel Boundaries _ County Boundary 2ft Contour 20ft Contour 1 Chapel � Hill Carrboro " 5A i Map Map Location 15 � 0 225 450 Feet �iQ%] Attachment I. Site Delivery Factor Determination From: Davis, Amin <amin.davis@ncdenr.gov> Sent: Monday, October 5, 2015 4:51 PM To: mherrmann Cc: Gannon, Rich Subject: RE: Jordan Lake - Updated Jordan Delivered Factors MIKE — Below are the delivery factors you can use for the Neville -McGee nutrient offset site per our correspondence with you. We plan on sending out a memo to interested parties by Wednesday concerning these updated delivery factors/zones. We appreciate your patience. TN: 89% (Zone 9) TP: 79% (Zone 8) Thank You, Amin Amin Davis, PWD Watershed Restoration Specialist NCDEQ - Division of Water Resources Nonpoint Source Planning Branch 1617 Mail Service Center, Raleigh NC 27699-1617 919-807-6439 amin.davis@ncdenr.gov http://portal.ncdenr.org/web/wq/ps/nps I-1 > ?t 2f\ - . 2 \I �} d W-2�1' . I c- � � 9i i i i 0 a