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Home My WebLink About20200579 Ver 1_MBI Comment Summary_20210111Summary of Comments on M61 Draft for Sponsor.pdf Page: 2 Number: 1 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:38:15 PM City of Wilson Number: 2 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:15:32 PM NUTRIENT OFFSET Number: 3 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:51:32 PM Add a table in the Appendix that specifies the different entities within the City and their respective roles as identified within this NOBI Number: 4 Author: kymerritt Subject: Sticky Note Date: 12/22/2020 1:28:22 PM add the SMP Approval Letter and the O&M Agreement. There are also comments in the PDF that request figures that illustrate certain things or areas. Please add those as well. TO Number: 5 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:15:45 PM Nitrogen Page: 3 Number: 1 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 1:59:06 PM Throughout this document, replace "Mitigation Plan" with "Stormwater Management Plan" or "SMP" if already defined the acronym. Number: 2 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 1:59:13 PM Throughout this document, replace "mitigation" with "nutrient offset" Number: 3 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 1:58:50 PM I have gone through and replaced some of the terminology as requested in my comments. However, i did not replace every word or phrase that needs to be replaced. Provider still needs to run through the document and replace words/phrases that need to be changed per DWR comments. Number: 4 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 1:59:21 PM throughout the Instrument, replace "Mitigation Site" with "Nutrient Offset SCM". The DWR does not recognize Nutrient Offset sites as "Mitigation". Number: 5 Author: kymerritt Subject: Cross -Out Date: 1/6/2021 2:51:54 PM Number: 6 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 12:47:03 PM Nutrient Offset ,]Number: 7 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:32:54 AM ,]Number: 8 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:24:51 PM Nutrient Offset SCM ,]Number: 9 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:24:36 PM Nutrient Offset Stormwater Control Measure — Number: 10 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 1:59:29 PM which department within the City of Wilson be awarded these credits and will be responsible for this Instrument? Provide that level of detail here. Number: 11 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 12:59:58 PM Number: 12 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 1:59:37 PM throughout the document, replace "City of Wilson" with "City" since we defined the acronym in the Preamble.. ,]Number: 13 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 12:59:30 PM Nutrient Offset — Number: 14 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 1:59:42 PM include a map or figure that shows these areas boundaries and include that figure as a reference here and in the Appendix ,]Number:15 Author: ,]Number:16 Author: Subject: Cross -Out Date: 12/22/2020 1:01:43 PM Subject: Cross -Out Date: 12/22/2020 12:52:05 PM ,]Number: 17 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 1:01:28 PM ,]Number: 18 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:31:12 PM generate and ,]Number: 19 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:01:35 PM located within ,]Number: 20 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:01:51 PM .s ,] Number: 21 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:07:47 PM and ,]Number: 22 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 12:55:11 PM nutrient offsets Comments from page 3 continued on next page Number: 23 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 3:22:40 PM katie to edit this to be more clear JilNumber: 24 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 11:21:18 AM within Fq]pNumber: 25 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:36:18 AM id Number: 26 Author: Nutrient Offset Site Subject: Inserted Text Date: 12/22/2020 12:56:56 PM it Number: 27 Author: kymerritt Subject: Inserted Text Date: 1/6/2021 3:26:09 PM being used as a parking area. Number: 28 Author: kymerritt Subject: Inserted Text Date: 1/6/2021 3:25:37 PM is located within Number: 29 Author: kymerritt Subject: Cross -Out Date: 1/6/2021 3:26:42 PM Number: 30 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:34:11 AM qRINumber: 31 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 3:51:46 PM nutrient offset ONumber: 32 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:34:34 AM ONumber: 33 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:34:54 AM Number: 34 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 11:36:58 AM Stormwater Management Plan (SMP) Pi-INumber: 35 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 11:34:50 AM Nutrient load reduction activities Page:4 Number: 1 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 11:37:50 AM SMP Number: 2 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:00:39 PM For this Section, we need to describe the Plan that DWR has already reviewed and approved. Reference the Plan, O&M, etc that DWR has already seen. Reference the SCM Approval Letter dated June 5, 2020 and include that letter in the Appendix and reference it in this section. Number: 3 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:26:06 PM Nutrient Offset SCM Number: 4 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:42:50 PM ,]Number: 5 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:36:17 PM (c-d) and 15A NCAC 02H .1050 through .1062, [ilNumber: 6 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:37:08 PM approved the Whirligig Station Sand Filter System Stormwater Management Plan and corresponding Operation and Maintenance Agreement. Number: 7 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:38:43 PM Number: 8 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:38:12 PM the timeline associated with the DWR approval of the Site. ,]Number: 9 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:37:17 PM ORINumber: 10 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:38:41 PM Number: 11 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:00:43 PM add a column here titled "DWR Project ID#" and then show as 2020-0579 LEI Number: 12 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:17:27 PM SCM Approval Details Number: 13 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:41:19 PM SMP Approval Letter [40umber: 14 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:39:11 PM SCM Number: 15 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:41:06 PM Stormwater Management Plan (Final Draft) ,]Number: 16 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:41:12 PM May 11, 2020 ,]Number: 17 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:41:29 PM June 5, 2020 ,]Number: 18 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:38:58 PM ,]Number: 19 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:39:18 PM Sand Filter Number: 20 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:37:54 AM ,]Number: 21 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 11:28:44 AM Stormwater Management Plan ,]Number: 22 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:30:09 AM ,]Number: 23 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 11:30:03 AM Comments from page 4 continued on next page approval ONumber: 24 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 11:29:06 AM nutrient offset -Number: 25 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:31:45 AM -Number: 26 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:18:05 PM DWR approved SMP -Number:27 Author: will be Subject: Inserted Text Date: 12/18/2020 11:30:49 AM -Number: 28 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:18:34 PM , however, only this Instrument will be -Number: 29 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 11:31:26 AM along with the draft Instrument -Number: 30 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 5:18:53 PM 15 -Number: 31 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 5:17:46 PM -Number: 32 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:38:37 AM -Number: 33 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 11:40:39 AM Site, which shall be constructed as a Stormwater Control Measure (SCM) in accordance with the approved SMP and maintained in accordance with the approved Operation and Maintenance protocols. Number: 34 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 3:56:21 PM add an extra letter item to this section. Add verbiage that speaks to the following: an As -Built Report being required by DWR and submitted including all the required documentation as provided in Section VI that the SCM was constructed per the approved Plan and specs. ;;Number: 35 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 3:45:02 PM add a reference here that the SCM is expected to provide credits also in accordance with the DWR-approved O&M Agreement. Include the O&M Agreement in the Appendix and reference the document here. Number: 36 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 3:46:18 PM add a brief sentence or two or three that describes the TYPE of SCM, Where it is being constructed, and how much stormwater runoff is intended to be treated by the SCM). Also, didn't you convert landuse as part of the project? If so, add a sentence that explains that. -Number: 37 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 11:44:37 AM -Number: 38 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:02:54 PM ONumber: 39 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:02:46 PM Nitrogen loading reductions -Number: 40 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:42:06 PM ONumber:41 Author: kym Stormwater Management Plan Subject: Inserted Text Date: 12/18/2020 5:06:15 PM -Number: 42 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:06:23 PM Page: 5 Number: 1 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 3:59:02 PM List out any applicable state, local or federal permits that were obtained as part of the construction of this SCM. Number: 2 Author: kymerritt Subject: Inserted Text Date: 1/14/2021 2:51:42 PM A Stormwater Management Plan (SMP)was submitted to the DWR for review under 15A NCAC 02H .1050 through .1062 and parts of 15A NCAC 02B .0703 (c-d). The SMP was approved on June 5, 2020. The SMP included Operation and Maintenance measures that would be required for the SCM. Number: 3 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 4:00:27 PM The SCM is fully constructed. Include a timeline here as to when the construction began and when it was fully completed. [+—]Number:4 Author: kymerritt Subject: Cross -Out Date: 1/6/2021 4:03:13 PM Number: 5 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:10:31 PM Number: 6 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:00:57 PM identify the division/Department within the City who will hold the easements. It cannot be the same entity who is signing this MBI. Number: 7 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:06:59 PM Add this language, which is from rule 0703 (g)(4): "the SCM shall be placed in and protected by recorded drainage easements with recorded access easements to the nearest public right-of-way for purposes of operation and maintenance. These easements shall be granted in favor of the person or entity responsible for operating and maintaining the structures, with a note as to the responsible person or entity. Easements shall be of sufficient width for inspection and maintenance of the project. Add another letter to this section and explain how the Sponsor will comply with this part of rule above for the Bank. Number: 8 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:04:01 PM Read through approved SMP/O&M Plan and Read Rule 15A NCAC 02H .1050 (11&12) regarding O&M agreements There needs to be language added here regarding an O&M Agreement that will be drafted by City of Wilson and will be recorded along with the maintenance and access easements. The O&M agreement must be between the City of Wilson department/division who is going to be the Sponsor of this Instrument & the entity (other than the Sponsor) who is going to be the long term steward of the O&M responsibilities (which could also be a different dept/division within the City or another third party). DWR has provided examples of O&M Agreements that were deeded with DMS projects in the past where BMPS were held by the Local Governments but maintained by third -party contractors. Available upon request. Number: 9 Author: kymerritt Subject: Inserted Text Date: 1/14/2021 2:08:12 PM SMP. To comply with rules, "these easements shall be granted in favor of the person or entity responsible for operating and maintaining the structures, with a note as to the responsible person or entity". Number: 10 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:27:24 PM in perpetuity. Lands that shall also be protected in perpetuity shall be those that were converted as part of the approved SMP, unless those areas are part of the catchment area of the Nutrient Offset SCM. These lands are illustrated in Appendix ?. Number: 11 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:26:55 PM Additionally, the Sponsor shall not alter the land cover that is draining to the catchment area of the Nutrient Offset SCM, which is illustrated in Appendix ?. Examples of altering land cover would include but not be limited to adding Built Upon Area or impervious surfaces. Number: 12 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:04:20 PM Financial assurance must comply with 0703 (e) which states the following: The financial assurance shall be in the form of a completion bond, credit insurance, letter of credit escrow, or other vehicle acceptable to the Division in accordance with this Subparagraph, payable to, or for the benefit of, the Division, to ensure the involved property is secured in fee title or by easement and that planting or construction, monitoring or maintenance are completed as necessary to meet the requirements of the project plan" Comments from page 5 continued on next page Describe in this instrument how the Sponsor will comply with this part of the Rule. Number: 13 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:04:31 PM which division/department within the city of wilson be responsible for making sure the budget includes adequate funding for this SCM O&M? DWR will hold the Sponsor indicated in Section I of this Instrument responsible through the 5th year of O&M reporting. From there forward, we want to know who will be held responsible... Number: 14 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:12:50 PM Instrument, Lt Number: 15 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:13:42 PM — Number: 16 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:04:45 PM now that the SCM has arleady been constructed, the Sponsor should know what those total construction costs are. Include that amount here, and what 15% of that cost would be. ONumber: 17 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:13:37 PM and commit to adding those costs to Number: 18 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:13:09 PM itemizing I-TINumber: 19 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:13:55 PM Number: 20 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:04:48 PM a bond has to be provided as well as a fund established by th City in order to comply with the rule. The fund & bond are two forms of financial assurances that the rule terms as "endowments". The bond is to be used in case the fund is insufficient to cover costs associated with any maintenace or force majeure event. It shoudl be renewed each year or as often as the surety will allow. Add language to comply with this PC Number: 21 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:14:20 PM SMP Number: 22 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:15:08 PM is.....$$ ONumber: 23 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:14:28 PM — Number: 24 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:04:55 PM what was the minimum annual costs that were budgeted as proposed in the approved SMP? please add that amount here. Number: 25 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:04:58 PM The Sponsor needs to have a Bond secured by a surety for longterm bonding of the SCM. Also, the Sponsor needs to show that they will dedicate a fund specifically to be used for this site. Identify the name of the fund that will be used as a reference in the Budget. This fund's assets will need to be documented and submitted to DWR annually as part of the 5 annual reports. Add language commiting to this. DWR expects that a MOA be drafted by the Sponsor and the City (a different Division other than the Sponsor) to make sure there is always sufficient funding that will be budgeted for this SCM O&M. An MOA is the proper mechanism to satisfy the DWR expectations of this item. Number: 26 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:05:03 PM Need language here that the City will submit the costs budgeted for the O&M annually to DWR for the first 5 years and must include that information in each of the 5 annual reports. Number: 27 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:34:43 PM add language here that addresses the Sponsor's commitment to have the MOA signed by all applicable parties prior to year 4 Page: 6 — Number: 1 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:03:35 PM Move Section VI up and to be located right after the section on Construction. Number: 2 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 2:26:06 PM Number: 3 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 2:26:00 PM operate and Number: 4 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 2:25:50 PM SMP Number: 5 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 2:26:25 PM ❑+ Number: 6 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 2:24:22 PM Al Number: 7 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 2:24:47 PM Nutrient Offset SCM Number: 8 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 2:26:52 PM receiving approval of this Instrument and prior to any nutrient offset credits being released by the DWR. Number: 9 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 4:11:59 PM in addition to items 1 & 2, add a list/description of any deviations that were made to the SCM from what was approved in the Plan. Number: 10 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:03:56 PM move this part on financial assurances up to Item H of SEction V and see the comments provided on that item. FT Number: 11 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:17:03 PM operation, Number: 12 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:16:51 PM in perpetuity Number: 13 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 4:12:39 PM SCM FilNumber: 14 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 2:28:28 PM offset Number: 15 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:23:21 PM Has the O&M been signed by all applicable parties? The one I have on file hasn't been signed yet. Number: 16 Author: kymerritt Subject: Cross -Out Date: 1/6/2021 4:12:56 PM Number: 17 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 4:17:25 PM Add the following statement to the first letter of this section and include all items F-H as bullets or smaller letters under that letter: One (1) annual report shall be submitted to DWR every year for five (5) consecutive years and shall be submitted by December 31. In accordance with the Operation and Maintenance Agreement, the Nutrient Offset SCM should be inspected monthly and within 24 hrs after a storm event greater than 1.0 inches. Annual Reports shall include all of the following documentation: 1. Detailed O&M form completed 2. Best available recent aerial images 3.PHotos and photo point locations 4.Inspection report, summary or other detailed description of inspections performed that year. 5.Renewal documentation of bonds that have been secured for the SCM; 6. Documentation that the fund ( set up for the SCM O&M) has been adequately budgeted for, for the next year or fiscal year, whichever it will be. Number: 18 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 4:39:16 PM Number: 19 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:33:45 PM Agreement, which is provided in Appendix ?? of this Instrument, Comments from page 6 continued on next page ONumber: 20 Author: kymerritt Subject: Inserted Text Date: 12/18/20204:09:58 PM approved SMP RT Number: 21 Author: cmcdaniel Subject: Highlight Date: 12/21/2020 2:40:54 PM Number: 22 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 4:38:25 PM Number: 23 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 4:38:17 PM Number: 24 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 4:38:15 PM ONumber: 25 Author: kymerritt Subject: Cross -Out Date: 12/22/20204:38:13 PM Number: 26 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:04:56 PM add the suggested language below: DWR highly recommends that Operation and Maintenance of the Nutrient Offset SCM be performed by a trained certified professional in stormwater best management practices which can be found at the following link: https://www.bae.ncsu.edu/workshops- conferences/stormwater-bmp/ Number: 27 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 4:18:55 PM Add a letter for the following: A final on site evaluation of the Nutrient Offset SCM may be required to be performed after receipt of the fifth annual report, by DWR to determine compliance with the O&M Agreement as well as compliance with this Instrument. Full compliance must be achieved prior to final credit release issuance by the DWR. w Number: 28 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:05:02 PM In addition to the 5 years, DWR expects the SCM to be inspected in perpetuity. Please add language that speaks to that committment Page: 7 Number: 1 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:47:01 PM SCM Number: 2 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:48:02 PM to comply with the SMP and corresponding Operation & Maintenance Agreement, Number: 3 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:05:44 PM Add this rule citation to this section 15A NCAC 02B .0703 (g)(4) "The Division may temporarily or permanently invalidate permanent credits generated by an SCM if it determines that the SCM has been impacted due to failure to comply with the terms of an associated project plan, nutrient offset banking instrument, easement, maintenance agreement, other protective agreement, or this Rule Number: 4 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 3:04:07 PM Number: 5 Author: kymerritt Subject: Inserted Text Date: 1/14/2021 2:49:05 PM DWR may "permanently invalidate permanent credits generated by an SCM if it determines that the SCM has been impacted due to failure to comply with the terms of an associated project plan, nutrient offset banking instrument, easement, maintenance agreement, other protective agreement, or this Rule" in accordance with 15A NCAC 02B .0703 (g)(4). Number: 6 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:31:03 PM Nitrogen Nutrient Offset Number: 7 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 4:50:13 PM Trish's Comments: This section should state that both 63.89 Ib/yr and 1,916.7 Ibs are generated by the SCM, with the understanding that the City will be tracking and selling credits in Ibs and record them in the ledger that way until such a time that DWR transitions buyers and sellers of nutrient offset credits to the new units of lb/yr. FilNumber: 8 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 4:46:36 PM Offset Number: 9 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:33:30 PM The calculations provided in the approved SMP estimate that the proposed Nutrient Offset SCM is likely to generate approximately 63.89 pounds (Ibs) of Permanent Nitrogen Nutrient Offset Credits per year if designed, constructed, implemented and sustained as proposed in the SMP. Number: 1 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:30:54 PM in item (g) of Rule .0703 it states, "The Division may temporarily or permanently invalidate permanent credits generated by an SCM if it determines that the SCM has been impacted due to failure to comply with the terms of an associated project plan, nutrient offset banking instrument, easement, maintenance agreement, other protective agreement, or this Rule Therefore, we need to create a Credit Release schedule that holds the City accountable for a certain period of time until we are comfortable with the City's maintenance & funding as well as the SCM's performance in order to turn it over to them for final perpetual O&M. DWR thinks 5 years is reasonable. For 5 years, the City will have to wait on a credit release letter from DWR before they can add those pounds to their available credit Ledger. DWR will evaluate compliance with the City's Instrument over the last 5 years and evaluate the efficiency of the SCM before issuing the remaining credits at year 5. Number: 2 Author: kymerritt Subject: Sticky Note Date: 12/18/2020 5:50:44 PM which department within the City of Wilson be awarded these credits and will be responsible for this Instrument? [Number: 3 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:49:59 PM Number: 4 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:40:54 PM nutrient offset it Number: 5 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 1:41:26 PM Nutrient Offset SCM JP]Number: 6 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 5:50:04 PM Number: 7 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 5:50:09 PM the City of Wilson y Number: 8 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:21:03 PM Task 1 would then be 1,533.36 Ibs which equates to 80% of 1,916.70 . Record this in the column as 1,533.36 Ibs (80%) Tasks 2 -6 would each be and 76.668 Ibs Record this in the column as 76.668 Ibs (4%) — Number: 9 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:16:45 PM Remove the "%" from this column title and just leave as "Credit Available for Sale" Number: 10 Author: kymerritt Subject: Inserted Text Date: 1/14/2021 12:18:50 PM Credit Provided in Pounds (Ibs) — Number: 11 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:20:34 PM Revise Task 1 to the following: SMP Approved, O&M Agreement Approved & Recorded, Instrument Approved, Post Construction Financial Assurances Secured, Complete As -Built Report & Engineer's Certificate Received, Maintenance & Access Easements Recorded Number: 12 Author: kymerritt Su Number: 13 Author: kymerritt Su [Number: 14 Author: kymerritt Su 80 Cross -Out Date: 12/18/2020 6:00:38 PM Cross -Out Date: 12/22/2020 1:39:21 PM Inserted Text Date: 12/22/2020 1:39:25 PM [Number: 15 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:00:12 PM Established and Approved by DWR, Number: 16 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:33:56 PM DWR recommends a credit release be tied to a minimum of 5 years of O&M inspections. split the remaining pounds into the next 5 years with approved annual reports Add a row for each Year: Task 2 would be Year 1 Inspection & Maintenance Report approved by DWR* and confirmation of funding provided for the next full year. Comments from page 8 continued on next page Task 3 would be Year 2 Inspection & Maintenance Report approved by DWR* and confirmation of funding provided for the next full year. and so on through Year 5. By Year 4, the MOA referenced in Item ? of Section ? must be signed by all applicable parties. Number: 17 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:01:12 PM Number: 18 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:36:53 PM By Year 4, the MOA referenced in Section V of this Instrument must be signed by all applicable parties. Therefore, for Task 5, which is Year 4, add language that includes the signing of the MOA as one of the additional project milestones. Number: 19 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:04:49 PM in compliance with the O&M Agreement and the SCM is functioning as intended. F—INumber: 20 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:04:56 PM the Number: 21 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:05:13 PM Nutrient Offset ONumber: 22 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:05:18 PM Number: 23 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:05:29 PM Nitrogen Number: 24 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:05:35 PM J Number: 25 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:05:45 PM The Number: 26 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:07:28 PM ledgers need to be submitted monthly and that is shown in Item F below. ONumber: 27 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:07:25 PM 4,,Number: 28 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:07:34 PM add a letter stating that these Nutrient Offset credits will not be sold to the Division of Mitigation Services through any Request for Proposals (RFP). ONumber: 29 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:07:47 PM Number: 30 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 4:54:24 PM T.Number: 31 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 2:07:42 PM As noted previously, reference a map that you show with these areas. sm Number: 1 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 3:20:08 PM add another letter and include the following: The Sponsor shall obtain written verification of nutrient offset need from a designated local government within the 03020203 HUC of the Neuse River Basin, prior to debiting Nutrient Offset Credits from the Nutrient Offset SCM. Number: 2 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:18:32 PM LEI Number: 3 Author: kymerritt Subject: Inserted Text Date: 1/6/2021 3:07:54 PM The Sponsor shall obtain written verification of nutrient offset need from the Division of Energy, Minerals and Land Resources (DEMLR) prior to debiting Nutrient Offset Credits from the Bank Parcel. DWR must approve each credit sell transaction prior to completion of sale. Number: 4 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:24:02 PM Number: 5 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:24:12 PM ITQ Number: 6 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:24:14 PM DWR Number: 7 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:24:22 PM Nutrient Offset Number: 8 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:24:48 PM Nutrient Offset Number: 9 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:22:27 PM Nutrient Offset Number: 10 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:25:08 PM Site name Number: 11 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:25:24 PM Number: 12 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:25:21 PM SMP Number: 13 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:2SA6 PM Number: 14 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:25:55 PM Number: 15 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:25:48 PM N ONumber: 16 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:25:45 PM Nutrient Offset Credits Number: 17 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 3:00:19 PM Change the title of this section to Bank Closure ORINumber:18 Author: Subject: Cross -Out Date: 12/18/2020 6:26:41 PM Number: 19 Author: kymerritt Subject: Cross -Out Date: 12/18/2020 6:26:51 PM FTI Number: 20 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:27:01 PM Nitrogen Number: 21 Author: kymerritt Subject: Cross -Out Date: 1/14/2021 2:42:17 PM Number: 22 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 3:44:29 PM Expectation for Bank Closure of this SCM Bank. Comments from page 9 continued on next page *keep items A& B as written with suggested edits. *Need language added regarding the MOA referenced in Section IV and that is "has been signed by all applicable parties" *Need language added regarding the O&M agreement referenced in Section VI and that "it was deeded and recorded with the Wilson County Register of Deeds" along with the access and maintenance easements. *Need language added that all five (5) Inspection & Maintenance Reports referenced in Section ? have been submitted and approved by DWR. *Add language that reaffirms that the O&M inspections will continue to be performed in perpetuity and that all records will be kept by the City of Wilson Public Works Divison (or Dept?) and will be made available upon request. FilNumber: 23 Author: kymerritt Subject: Inserted Text Date: 1/14/2021 2:56:09 PM be released by DWR or sold by the Sponsor. Number: 24 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:13:24 PM and when expectations outlined in this Instrument have been achieved. ONumber: 25 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:12:23 PM by DWR Number: 26 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:12:09 PM Nutrient Offset SCM Bank Closure Number: 27 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:12:52 PM fully debited in compliance with this Instrument, Page: 10 Number: 1 Author: kymerritt Subject: Sticky Note Date: 1/6/2021 4:23:56 PM add another letter below D for the following: Force Majeure: After 100% of all the credits have been released in accordance with the credit release schedule in Section VIII, the Sponsor will be responsible for any SCM failure that is attributed to natural catastrophes including but not limited to flood, drought, disease, regional pest infestation, etc. Adequate funding and appropriate financial assurances must be in place by the Sponsor to fund remedial actions necessary to restore the SCM. ,,Number: 2 Author: kymerritt Subject: Inserted Text Date: 12/18/2020 6:33:29 PM Force Majeure: If an event occurs before 100% of all the credits have been released in accordance with the credit release schedule in Section VIII, the Sponsor shall take remedial action to restore the property to its condition prior to the event, in a manner sufficient to provide adequate nutrient offset credits to cover credits that were sold prior to the occurrence of the event. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by DWR and the Sponsor Number: 3 Author: kymerritt Subject: Sticky Note Date: 12/18/2020 6:36:32 PM some of these Instrument sections may be different after editing. Make sure all sections match those provided in this Item. Number: 4 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:14:31 PM Plan Approval Letters and Number: 5 Author: kymerritt Subject: Cross -Out Date: 12/22/2020 5:14:13 PM TO Number: 6 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:14:11 PM Stormwater Management Plan Number: 7 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:14:03 PM Plan Oumber: 8 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:13:51 PM Page: 11 Number: 1 Author: kymerritt Subject: Sticky Note Date: 12/18/2020 6:36:53 PM What Department within the City? Number: 2 Author: kymerritt Subject: Inserted Text Date: 12/22/2020 5:14:56 PM and Buffer Mitigation Page: 12 Number: 1 Author: kymerritt Subject: Sticky Note Date: 12/18/2020 6:38:05 PM Who within the City of Wilson will hold the responsibility in this Instrument? Page: 13 Number: 1 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:S9:S2 PM DWR will provide the Sponsor with an updated Attachment A document when it is ready for final draft. Page: 19 — Number: 1 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:58:54 PM this header should include language about the service area of this bank as it is described in this Instrument on page 1. Number: 2 Author: kymerritt Subject: Sticky Note Date: 1/14/2021 2:57:14 PM this is not the ledger template we would use for this SCM. remove acres.