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HomeMy WebLinkAbout20100099 Ver 3_Credit Release_20140306NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. George Howard Restoration Systems, LLC 1101 Haynes St, Ste 211 Raleigh, NC 27604 Division of Water Resources Water Quality Programs Thomas A, Reeder Director March 6, 2013 John E. Okvarla, III Secretary DWR Project #: 2010- 00990 Wayne County Re: Neuse Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument (UBI) Pancho Bank Parcel Credit Release — Tasks 3 & 4 Dear Mr. Howard: On January 23, 2014, the Division of Water Resources (DWR) received an As -Built Report from Restoration Systems, LLC (RS) for the Pancho Mitigation Bank. Additionally, RS also submitted a monitoring bond ( #22BSBGQ8686) issued to RS to cover the 5 -year monitoring phase of the subject bank site. The monitoring bond will expire on January 14, 2015 and must be renewed to extend coverage of the monitoring and maintenance throughout the entire length of the monitoring period pursuant to the UBI. On February 13, 2014, Katie Merritt, with DWR, submitted comments to RS regarding the As -Built Report. On February 17, 2014, Ms. Merritt met with Raymond Holtz of RS to discuss the As -Built Report. Ms. Merritt requested that the As -Built report be revised to include details with photos regarding the additional 1.35 acres of riparian buffer restored along Kennedy Mill Branch. Additionally, Ms. Merritt requested that a monitoring plot be added to this additional buffer restoration area and vegetation be collected, monitored, and submitted along with the Year 2 Monitoring Report and all succeeding annual reports. Finally, Ms. Merritt requested that the service area pertaining to where riparian buffer credits can be provided be revised to comply with the Neuse Buffer Mitigation Rule. On March 4, 2014 and March 5, 2014 Ms. Merritt received adequate responses to the comments. On March 5, 2014, DWR received a Year 1 Monitoring Report for the subject site. As of the date of this letter, DWR has released credits based on the mitigation of 3.5 acres (152,460 ftz) of Neuse Riparian Buffer and 11.34 acres (25,776.05 lbs -N) of Nutrient Offset, as provided in the Pancho Bank Parcel Development Package. A total of 40% of the Pancho Bank's credits have been released to date. The As -Built survey included an additional 1.52 acres worth of mitigated Neuse 401 and 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 1 Affirmative Action Employer Restoration Systems, LLC March 6, 2013 Page 2 of 2 riparian buffer and 0.01 acres less of nutrient offset mitigation. In total, the Bank will now produce a total of 5.02 acres (218,671.2 ft2) of Neuse riparian buffer credits and 11.33 acres (25,753.31 lbs -N) of nutrient offset credits By copy of this correspondence, DWR confirms the following: An additional 26,484.48 ft2 of Neuse riparian buffer credits are owed to RS 9.1lbs -N of nutrient offset credits are credited back to DWR According to the UBI signed on March 17, 2008, the following additional Project Milestones have been met, and the corresponding credits shall be released: Task/Milestones Credit 3) Approval of As -Built Report and Monitoring Bond Purchased 10% (bond must be renewed annually for future credit releases) 4) Approval of Monitoring Report Year 1 10% Total: 20% By copy of this correspondence, DWR confirms that you have satisfied the above requirements for the above - referenced tract and 20% of your Neuse riparian buffer credits (0.20 x 218,671.2 ft2 = 43,734.24 ft) plus 26,484.48 ft2 equals 70,218.72 ft2 are now available for sale. Additionally, 20% of your nitrogen nutrient offset credits (0.20 x 25,753.31 lb -N = 5,150.66 lb -N) minus 9.1lbs -N equals 5,141.56 lbs.N are now available for sale. Please update your credit ledgers accordingly. Please note that nutrient offset credits generated at this site must be used for impacts in HUC 03020201 of the Neuse River Basin excluding the Falls Lake Watershed. Please feel free to call Katie Merritt at (919) 807 -6371 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Unit KAH/km cc:File Copy (Katie Merritt) Raymond Holz — Restoration Systems, LLC (via electronic mail)