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HomeMy WebLinkAbout20160393 Ver 1_Credit Release Task 5_20200127ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Brad Breslow EBX-EM, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 NORTH CAROLINA Environmental Quality January 27, 2020 DWR Project #: 2016-0393 Orange County Re: Cape Fear Umbrella Banking Instrument (UMBI) Maple View Farm Nutrient Offset Bank Credit Release— Task 5 Dear Mr. Breslow, On September 23, 2019, the Division of Water Resources (DWR) received a Year 3 Monitoring Report from Resource Environmental Solutions, LLC on behalf of EBX-EM, LLC (EBX) for the Maple View Farm site. Vegetative plot data confirms that success criteria throughout the site is greater than the required 320 stems/acre. Additionally, no encroachment within the easement boundaries was observed. DWR received a bond rider and a continuation certificate from EBX in the amount of $60,000 from Aspen American Insurance Company extending the term of this bond through April 17, 2021, respectively. EBX is required to renew the performance bond prior to April 17, 2021 and is required to renew the bond annually for at least 2 more years. Future credit releases will be dependent on both the renewal of this performance bond and the approval of the annual monitoring reports. In accordance with both the UMBI signed on October 9, 2009 and modified on February 17, 2014, along with the approved BPDP, the following Project Milestones have been met, and the corresponding credits shall be released: Task/Milestones 5) Monitoring Report #3: Approved by the DWR Credit 10% By copy of this correspondence, DWR confirms that you have satisfied the above requirements for the above -referenced tract. Therefore, 10% of your generated nitrogen nutrient offset credits (0.10 x 9,848.441b-N = 984.841b-N) are available for sale. Additionally, 10% of your generated Phosphorus credits (0.10 x 652.901b-P = 65.29 lb-P) are now available for sale. Generated credits are credits that have not been applied to the appropriate delivery factor. The delivery factors applied to this bank due to its location in the 14-digit HUC 03030002060070 are 89% for nitrogen and 71 % for phosphorous. Therefore, the total amounts of nutrient offset credits for this site after application of delivery factors are 8,765 lb-N delivered and 463 lb-P delivered. By copy of this correspondence, 10% of your delivered nitrogen offset credits (0.10 x 8,765 lb-N = 876.501b-N) are now available for sale. Additionally, 10% of your delivered phosphorus credits (0.10 x 463 lbs-P = 46.30 lbs-P) are now available for sale. Please update your ledgers accordingly. E Q71-1A North Carolina Department of Environmental Quality I Division of Water Resources / 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Maple View Farm Site EBX January 27, 2020 Please note that only the delivered nutrient offset credits can be sold from this bank and must be used for authorized impacts in the Upper New Hope Sub -watershed. Please feel free to call Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, *' �1� Katie Merritt 401 & Buffer Permitting Branch cc:File Copy (Katie Merritt) Caitlan Parker — via electronic email 1' '5 c 2 12