20170110 Ver 2_Task 4 final release_20200413

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
April 30, 2019
Ms. Tiffani Bylow DWR Project #: 2017-0110v2
Restoration Systems, LLC Wayne County
1101 Haynes St., Suite 211
Raleigh, NC 27607
Re: Weaver Farm Mitigation Banking Instrument (MBI)
Weaver Farm Nutrient Offset & Buffer Mitigation Bank
Credit Release— Task 4 final
Dear Ms. Bylow:
On January 31, 2019, the Division of Water Resources (DWR) issued a partial credit release (7.5%)
for partial approval of the Year 1 Monitoring Report from Restoration Systems, LLC (RS) for the
Weaver Farm Mitigation Site. The report indicated substantial impacts to the trees associated with
severe and prolonged flooding from Hurricane Florence. RS included a remedial action plan
acknowledging the necessity to replant a large portion of the site and supplement other parts of the
site. The remaining 2.5% for completion of task 4 would be issued when RS had confirmed in
writing to DWR, that all remedial actions had been completed and photo documentation was
provided. On March 4, 2019, RS submitted confirmation that the remedial action plan had been
fully implemented. On April 11, 2019, Katie Merritt, with DWR, performed a site visit to compare
onsite conditions with those described in the remedial actions performed by RS. John Hamby with
RS assisted Ms. Merritt onsite. The results of Ms. Merritt's site visit along with DWR's expectations
prior to issuance of future credit releases are as follows:
Evidence of remedial work was observed in areas where RS had deemed it necessary to
provide soil amendments, conduct tillage to remove compaction, and broadcast seeding
with temporary and permanent herbaceous cover.
Expectation: RS to continue to maintain herbaceous cover throughout the site where
evidence of bare soil and lack of herbaceous cover is present.
Evidence of the replanting was observed in Zone 1 of the remedial action plan (see map
attached) where RS had deemed it necessary.
Expectation: None noted
Evidence of supplemental plantings of bareroots between Plots 15 and 9 along the left bank
of the main stream channel (Zone 2) where RS had deemed it necessary was extremely
difficult to confirm. The inability to locate stems despite an extensive walk and search
creates concern that the supplemental planting conducted was either not extensive enough,
was performed using substantially smaller bareroot stock than used in the replant area, or
QNorth
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
N(Xihl CAR0.Wn
��+a+,\ 919.707.9000

Weaver Farm Site
Restoration Systems, LLC
April 30, 2019
was not performed at all. Vegetation plots in these areas also appeared to be lacking in
planted stems as well.
Expectation: RS to add at least 3 stratified random transects and provide corresponding
vegetation data with each annual report for Years 2-5. Transects can be in any shape but
must be comparable in size with the fixed vegetation plots. Transects must include a GPS
coordinate and bearings so they can be identified in the field when needed. All transects
should be located between plots 14 through 9 along the left bank of the main stem.
Transect data are to include planted and volunteer stems that measure at least 12 inches in
height, photos and a supporting figure showing their physical location.
• All Vegetation Plots were accounted for. However, Ms. Merritt and Mr. Hamby were not
able to locate enough stems in many of the plots to meet the 260 stems/acre requirement
for vegetation. Additionally, most of the planted stems found in the plots within the
supplemental planting areas and in the replant areas lacked flagging as is required per the
Bank Parcel Development Package, As -Built Report and each subsequent monitoring report.
Expectation: RS is to add flagging to all planted stems within each monitoring plot
On January 28, 2019, DWR received a continuation certificate for performance bond
(#22BSBHT4261) in the amount of $100,000 issued to RS from The Hartford Fire Insurance Company
to cover monitoring and maintenance at the subject site. The term of this bond applies through the
approval by DWR of the Year 2 Monitoring Report and therefore, is required to be renewed upon
notification of that approval. Future credit releases will be dependent on both the renewal of this
performance bond and the annual monitoring reports.
In accordance with the MBI, signed on July 7, 2017, the following Project Milestones have been
met, and the corresponding credits shall be released:
Task/Milestones
Credit
4) Monitoring Report #1: Approved by the DWR & financial 2.5%
assurance renewed (final)
By copy of this correspondence, DWR confirms that you have satisfied the above requirements for
the above -referenced tract and 2.5% of your Neuse riparian buffer Restoration credits (0.025 x
267,894 ft2 = 6,697.35 ft2) and 2.5% of your Nitrogen nutrient offset credits (0.025 x 34,913.58 lb-N
= 872.84 lb-N) are now available for sale.
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 pursuant to 15A NCAC
02B .0240. Additionally, the riparian buffer credits must be used for impacts in the Neuse River
Basin according to guidelines in the Consolidated Buffer Mitigation Rule, 15A NCAC 02B .0295,
which became effective on November 1, 2015. Additionally, riparian buffer Preservation credits
cannot be converted into nutrient offset credits.
Page 2 of 3

Weaver Farm Site
Restoration Systems, LLC
April 30, 2019
Please feel free to call Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/km
Attachment: Weaver Farm Remedial Action & Maintenance Map (showing transect location)
cc:File Copy (Katie Merritt)
Raymond Holz— Restoration Systems (via electronic mail)
Page 3 of 3

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