20061617 Ver 8_More Info Received_20220908

Homewood, Sue
From: Chris Huysman <[e-mail]>
Sent: Thursday, September 8, 2022 8:24 PM
To: Homewood, Sue
Subject: [External] Re: final drafts
Attachments: CAH Edits 20061617v8 Wendell Farlls - Wake - Neuse BA (1).docx; Neu -Con Stream
SOA - Selma Mill - Wendell Falls.pdf; Buffer SOA - Wendell Falls.pdf; Wendell Falls
DMS acceptance.pdf; CAH edits wendell drafts for chris (2).pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sue -
Attached please find editorial comments on the draft 401 and buffer authorization
Thanks for your time on this.
Per your email below -
Stream mitigation totals 10 linear feet and I have attached a statement of availability for the credits.
The mitigation will be satisfied through a combination of private and in lieu providers per the attached documents;
private providers will be used first.
The civil engineer confirmed that the buffer impacts were calculated from the top of bank based on survey work for the
project.
Stormwater management plans are reviewed and approved by Wake County.
Please let me know if you have any additional questions.
Chris Huysman
336.406.0906
170 Dew Drop Road
Sparta, NC 28675
[e-mail]
[e-mail]
wetlands-waters.com
WETLANDS
nl
�& WATERS, INC.
The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual
or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified that any
dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately notify us by
return email or telephone if the sender's phone number is listed above, then promptly and permanently delete this message. Thank you for
your cooperation and consideration.
1

EBX Buffer Mitigation Banks
Statement of Availability August 31, 2022

NC Division of Water Resources Sue Homewood 512 N. Salisbury St.
Archdale Building, 9th floor Raleigh, NC 27604
Re Project: Wendell Falls
This document confirms that NASH Wendell Falls, LLC. (Applicant) for the Wendell Falls (Project) has expressed an
interest to utilize 1,130.14 Square Feet of Riparian Buffer Mitigation Credits from one of the following banks, EBX-
Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation
Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella
Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, or RES 2022 Phase II Umbrella Mitigation Bank. Specific bank
sites that may be debited are Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Bucher, Hannah Bridge, Stone Creek,
Meadow Spring, Uzzle, Poplar Creek, Polecat, Thunder Swamp and Wolf King, all located in HUC 03020201. As the official
Bank Sponsor, EBX-Neuse I, LLC and EBX, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by
the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit
Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker
has accepted full responsibility for the mitigation obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker
shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of
credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the
applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to
regulatory agencies showing the proper documentation.
Please contact me at 919-209-1055 or [e-mail] if you have any questions.
Best,
Amy Staley
Resource Environmental Solutions, LLC
Bank Sponsor – EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX)

EBX-Neuse I, LLC Stream and Wetland Banks
Statement of Availability August 31, 2022

U.S. Army Corps of Engineers
Lyle Phillips
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587

Re Project: Wendell Falls

This document confirms that NASH Wendell Falls, LLC (Applicant) for the Wendell Falls (Project) has
expressed an interest to utilize 10.00 Stream Mitigation Credits the EBX-Neuse sponsored Neu-Con
Wetland & Stream Umbrella Mitigation Bank, specifically 10.00 stream credits from the Selma Mill Site,
in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that
mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 919-209-1055 or [e-mail].
Best Regards,
Amy Staley
Resource Environmental Solutions, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, NC 27612

September 8, 2022

Tanya Matzen
NASH Wendell Falls, LLC.
4020 West Chase Blvd. Suite 150
Raleigh, NC 27607 Expiration of Acceptance: 3/8/2023

Project: Wendell Falls County: Wake

The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the buffer authorization within this time frame, this acceptance will expire. It is the
applicant’s responsibility to send the authorization to DMS. Once DMS receives a copy of the permit(s) an
invoice will be issued based on the required mitigation in that permit and payment must be made prior to
conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is calculated based
upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Neuse 03020201 Riparian Buffer 283 @ 3:1
Neuse 03020201 Riparian Buffer 2,220 @ 1.5:1

Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in-lieu fee mitigation program.
If you have any questions or need additional information, please contact [e-mail].
Sincerely,

FOR James. B Stanfill
Asset Management Supervisor

cc: Chris Huysman, agent