20180181 Ver 3_Credit Release Task 1,2_20210416

ROY COOPER.
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 16, 2021
Adam McIntyre
Water & Land Solutions, LLC
7721 Six Forks Rd, Suite 130
Raleigh, NC 27605
(via electronic mail: [e-mail] )
DWR Project #: 2018-0181v3
Wayne County
Re: Scarborough Mitigation Banking Instrument (MBI)
Scarborough Bank Parcel Credit Release — Tasks 1 & 2 (excluding Coastal HW Buffer
credits)
Dear Mr. McIntyre:
On November 18, 2019, the Division of Water Resources (DWR) approved a Buffer Mitigation and
Nutrient Offset Plan (Plan) for the above -referenced site under the terms and conditions of the Water
& Land Solutions, LLC (WLS) Scarborough Mitigation Banking Instrument (MBI). On February 6,
2020, the US Army Corps of Engineers issued a Notice of Intent to Approve the Scarborough Stream
& Wetland Mitigation Plan. On April 17, 2020, the DWR received recorded conservation easements
and corresponding plats for the subject site. Additionally, WLS provided confirmation that the
conservation easements for the subject bank have been successfully assigned to Unique Place to Save
(UPS). UPS is a 501(c)(3) non-profit corporation and has been approved by DWR as a long-term
steward for this mitigation bank.
DWR has received a performance bond (#SUR2003575) issued to WLS from Frankenmuth Mutual
Insurance Company, in the amount of $100,000, to cover monitoring and maintenance at the subject
site. The term of this bond applies beginning December 18, 2020 and ends with the approval of the
Year 1 Monitoring Report by the DWR. Future credit releases will be dependent on both the renewal
of this performance bond and the annual monitoring reports.
On February 23, 2021, the DWR received an As -Built Report from WLS documenting that the
subject site had been constructed in its entirety and monitoring plots had been installed. On April 14,
2021, Ms. Merritt, with assistance from staff with WLS, inspected the site and confirmed that all the
subject site had been completely planted, all monitoring plots were installed, all stream and wetland
mitigation activities appeared to be completed with all riparian areas, including the stream banks,
seeded and stabilized. Additionally, all conservation easement placards had been installed along the
entire easement boundary. DWR determined that two additional plots are needed along UT 1-R3
within the nutrient offset credit area in widths 101-200' and need to be included in the Year 1
Monitoring Report.
According to the As -Built survey submitted with the As -Built Report, there are slight adjustments in
the total amounts of buffer mitigation credits and nutrient offset credits as compared to the approved
Plan. Therefore, DWR will use the As -Built survey for this credit release. The subject site has
D_E
NORTH CAROUNA
Daparhnont of Emmmnmarrtei Wally
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Scarborough Site
Water & Land Solutions, LLC
April 16, 2021
generated 694,869 ft2 of coastal headwater (HW) buffer restoration credits and 35,390.92 lbs-
Nitrogen nutrient offset credits (15.57 acres). The As -Built report and corresponding survey are still
under review by DWR; therefore, credit amounts may be adjusted if the As -Built report is erroneous.
In accordance with the MBI, signed on November 18, 2019, the following Project Milestones have
been met and the corresponding credits shall be released:
Task/Milestones 'Credit
1) Instrument and Plan Approved by DWR, Conservation Easement recorded & 25%
Assigned, Financial Assurance Posted (site already constructed, no bond required),
& Stream & Wetland Mitigation Plan Approved by the IRT/USACE
2) Mitigation Site Earthwork, Planting and Installation of Monitoring 20%
Devices Completed and all applicable permits obtained
TOTAL: 45%
'Credit release percentages exclude the areas adjacent to Coastal HW Stream Mitigation generating buffer mitigation
credits
By copy of this correspondence, DWR confirms that you have satisfied the above requirements for
the above -referenced tract and 45% of your Nitrogen nutrient offset credits
(0.45 x 35,390.92 lb-N = 15,925.91 lb-N) are now available for sale. Please note that this credit
release does not include buffer credits generated adjacent to Coastal Headwater Stream Mitigation.
These credits will be released upon completion of Task 3 per the MBI.
Please note that nutrient offset credits generated at this site must be used for impacts in HUC
03020202 of the Neuse River Basin pursuant to 15A NCAC 02B .0703, which became effective
on April 1, 2020. Additionally, the riparian buffer credits must be used for impacts in the
Neuse River Basin in accordance with guidelines in the Consolidated Buffer Mitigation Rule,
15A NCAC 02B .0295, which became effective on November 1, 2015.
Please use the Credit Ledger Templates provided in the MBI for this site to track and report credit
availability for the Scarborough Mitigation Bank. Upon receiving this correspondence, please submit
one (1) credit ledger to DWR reflecting the available credits released for each mitigation type.
Please feel free to call Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Cc: DWR File Copy
Sincerely,
DoocuuSiignedd by:
wc yr,_- -
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A43C72700BD543E...
Katie Merritt
401 & Buffer Permitting Branch
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