20070747 Ver 1_Financial Assurance Reduction Approval (4)_20111221

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I�CDE�
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Govemor Director Secretary
December 21 2011
Mr Bob Kessler �
GreenVestlFlat Swamp LLC
4405 Dewees Ct
Raleigh NC 27612
Re Flat Swamp Neuse Rrver Riparian Buffer and Nutnent Offset Mrtigahon Bankmg
Instrument (MBn
Craven County
DWQ #2007-0747
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Dear Mr Kessler
DWQ received a nutnent offset credit ledger dated December 19 2011 on December 19 2011 DWQ has
the following comments
Item C of Section V of the MBI states that ProJects elcgzble for utilizat�on of the credits are
those requiring authorizataon under the reguirements of (Neuse Buff'er Rule) (Wastewater
Discharge Requtrements) (Basinwide Stormwater Requtrements) and (Mrtigatton Program for
Protectcon and Maintenance of Extstang Rcparian Buffer) (NC Stream Wetland and Buffer
Mittgatcon) and (Nutrient Offset Pa,�m�C�t�) under such authority as established in SL 2007 438
and any amendments hereto provaded such use has met all apphcable requtrements and cs
authorized by the appropriate authority and any others as deemed appropriate by DWQ
In order to comply with the terms of the MBI GreenVest/Flat Swamp LLC must cease to offer
nutnent offset credits to those not requinng authonzation under the reyuirements of the above
rules GreenVest/Flat Swamp LLC must deny all requests to purchase credit sales that are not '
m compliance with applicable rules
According to 15A NCAC 02B 0235 the followang local governments are designated based
on populatton and other factors as parties responstble for implementing stormwater
management requirements as pa�t' of the Neuse R�ver Nutrient Sensttive Waters stormwater
management strategy Cary Garner Goldsboro Havelock Kmston New Bern Srrvthfield
Wilson Johnston County and Wayne County
DWQ is actmg in compliance with the approved MBI All sales that preceeded this letter and
have already been approved by the DWQ shall remain as a Debit on the credit ledgers
Please note that credits generated at this site must be used for impacts in HUC 03020202 of the
Neuse Rrver Basm
As always please copy DWQ on all corre$pQr��i���� related�to credit sales referencing the DWQ pro�ect
number associated with the impacts for �►#���„�xed�t&,�� being purchased as compensatory rrutigation
Wetlands Buffers Stormwater Compliance & Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 2321 Crabtree Blvd Raleigh North Carohna 27604
Phone [phone] � FAX [phone]
Iniernet http �Iportal ncdenr org�web�wq(swp wslwebscape
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Greenvest/Flat Swamp LLC
Flat Swamp Mingation Bank
Page 2 of 2
December 21 2011
Please feel free to call Katie Merntt at [phone] if you have any questions regardmg tlus
correspondence
Sincerely
,
1, J ����
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Kazen Higgms Supe s
Wetlands Buffers Stormwater
Comphance and Pernuttmg Urut
KAH/kym
cc Katie Memtt File copy
Rich Gannon — NPS Management Program DWQ