HomeMy WebLinkAbout20150636 Ver 1_Submission 4 Attachments_20160601ATTACHMENT A. Supporting Figures
Figure 1. USGS 1:24,000 Topo Map & Site Location
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WATERS gI
Iract 2 Planned Easement
Figure 3. Neville Farm Watershed Setting/Service Area.
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A-3
Figure 4. Neville Farm SSURGO Soils Map (Source: USDA 2015)
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-Carrboro Plannetl Easement Boundary
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A-4
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ract 2 Planned Easem t
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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
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