20121068 Ver 1_Mitigation Bank Information_20121205

AGREEMENT TO ESTABLISH A RESTORATION SYSTEMS' TAR- PAMLICO UMBRELLA MITIGATION
BANKING INSTRUMENT IN THE TAR- PAMLICO RIVER BASIN FOR RIPARIAN BUFFER AND NUTRIENT
OFFSET MITIGATION CREDITS PURSUANT TO THE TAR- PAMLICO NUTRIENT STRATEGY
I. PREAMBLE
The Umbrella Mitigation Banking Instrument ( "Instrument ") regarding the establishment, use,
operation, and maintenance of mitigation bank parcels ( "Bank Parcels ") under an Umbrella Bank
( "Bank ") to provide Tar - Pamlico Riparian Buffer mitigation credit ( "Riparian Buffer Credits) and
Tar - Pamlico Nutrient Strategy mitigation credit ( "Nutrient Offset Credits ") is made and entered into
by and among Restoration Systems, LLC, acting as the Bank Sponsor ( "Sponsor "), and the North
Carolina Department of Environment and Natural Resources — Division of Water Quality ( "DWQ ").
This Instrument is in accordance with 15A NCAC 02B .0260 and 15A NCAC 02B .0240.
The purpose of the bank is:
A. To improve water quality through the restoration of riparian buffer habitat, the installation of new
stormwater best management practices ( "BMP "), and the renovation of existing stormwater
BMPs.
B. To provide mitigation and sell any resulting Riparian Buffer Credits and Nutrient Offset Credits
to third parties for development (both existing and proposed) requiring such mitigation.
II. GEOGRAPHIC SERVICE AREA
A. The Geographic Service Area ( "GSA ") is the designated area wherein a bank can reasonably be
expected to sell Riparian Buffer Credits and Nutrient Offset Credits for impact due to
development activities.
B. The GSA for this instrument is limited to Bank Parcels located within the Tar - Pamlico River
Basin in the State of North Carolina, United States Geological Survey ( "USGS") 8 -digit
Hydrologic Unit Codes ( "HUC ") 03020101, 03020102, 03020103, 03020104 and 03020105.
C. Sale or transfer of credit shall be limited to the 8 -digit HUC in which the Bank parcel is located.
III. AUTHORITIES
A. The Bank will be used to provide Riparian Buffer Credit and Nutrient Offset Credit in accordance
with the requirements in the DWQ Authority document reference herein as "Attachment A" and
attached to this Instrument
B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Attachment A.
C. All activities shall be consistent with approved North Carolina ( "State ") statutes and rules for the
Tar - Pamlico Nutrient Sensitive Waters Management Strategy.

IV. ESTABLISHMENT OF BANK PARCEL(S)
A. Each parcel proposed for inclusion within the Bank under this Instrument shall require a bank
Parcel Development Package ( "BPDP ") be submitted to, and approved by, the DWQ prior to use
of the parcel for mitigation purposes, sale, and transfer of any associated credits.
B. Bank parcels(s) may be added to the Bank at any time upon Approval of a BPDP by the DWQ
V. BANK PARCEL DEVELOPMENT PACKAGE
A. Each BPDP shall include detailed information consistent with the sections below concerning: 1)
site location (8 -digit HUC is required); 2) existing conditions; 3) proposed buffer restoration,
nutrient offset and/or stormwater BMP activities; 4) monitoring and maintenance plans; 5)
financial assurances; and 6) associated buffer mitigation/nutrient credit calculations, which shall
include credit generation, service area, and accounting as appropriate for each regulatory
authority; and 7) stream buffer determination letter from DWQ (where applicable)
B. In addition to items 1 -6 listed in "A" of this section, for each Bank Parcel, the Sponsor agrees to
transfer or assign the conservation easement and its interest in perpetuity to a qualifies holder
under N.C. General Statute ( "G.S. ") 121 -34 et seq. and 170(h) of the Internal Revenue Code. The
holder shall be a land trust or stewardship program that will hold and enforce the conservation
easement and the interests. The Sponsor shall choose a land trust or stewardship program that is
accredited by the Land Trust Accreditation Commission and/or has been approved by the DWQ
prior to the end of the fourth ear monitoring period. A land trust must be certified under 501(c) 3
of the Internal Revenue Code and must have the qualifications outline is G.S. 105- 130.24 and
G.S. 105- 151.12.
PERMITTING
C. The Sponsor will obtain all applicable federal, state, and local documentation, permits, or
authorizations needed to construct and maintain the Bank Parcel. This Instrument does not qualify
as, or substitute for, such documentation, permit or authorization.
CONSTRUCTION
D. The placement of BMP's constructed or renovated to produce Nutrient Offset Credit must be
approved by DWQ prior to construction or renovation.
E. The sponsor agrees to perform all necessary work, in accordance with the provisions of this
Instrument, to establish, maintain, and monitor Tar- Pamlico Riparian Buffers or other riparian
areas or to install and /or renovate stormwater BMPs until Item B (1) and (2) of Section IX have
been satisfied.
F. As -Built Report: The Sponsor will submit an as -built plan and report for each bank Parcel within
30 calendar days after completing the establishment of the buffer area, nutrient offset area, and /or
construction or renovation of the stormwater BMP(s). The as -built report will describe any
deviation from the approved BPDP and will document the following:
Buffer Restoration: planting details, invasive species control, monitoring device
locations, vegetation plot locations, photo point locations, surface and groundwater
elevations, as appropriate.
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Stormwater BMP's: outlet structure information, surface area/volume computations,
hydrograph routing information, planting details, monitoring device locations, photo
point locations as appropriate
3. Boundary Survey of the conservation easement area including an enumeration of the final
mitigation area for buffer and /or nutrient offset mitigation credits in both square feet and
acres.
OPERATIONS AND MAINTENANCE
G. The Sponsor will provide the DWQ with the necessary operation and maintenance agreements for
the newly constructed or renovated stormwater BMPs. These agreements shall be consistent with
the standard adopted by the DWQ and must be approved by the DWQ prior to the release of any
credits.
H. The Sponsor agrees to perform all necessary work to operate and maintain the Bank Parcel(s)
consistent with the operation and maintenance criteria established in each approved BPDP until
Item B (1) and (2) of Section IX have been satisfied.
I. Requests for deviation from the approved BPDP must be submitted to the DWQ in writing.
Written approval from the DWQ must be received prior to implementing any deviation from the
approved BPDP.
MONITORING
J. The Sponsor shall monitor each bank Parcel as described in the BPDP until such time as DWQ
determines that the success criteria described below have been met. The monitoring period shall
be a minimum of five years.
K. Trees should be plated at a density sufficient to provide 320 trees per acre at maturity. To achieve
this density, approximately 436 (10xlOft. spacing) to 681 (8x8 ft. spacing) trees per acres should
be planted.
L. Vegetative Success Criteria: Reporting criteria of the riparian buffer restoration shall be based on
the Carolina Vegetation Survey ( "CVS ") — EEP protocol for Recording Vegetation level 1 -2 Plot
Sampling Only Version 4.0 or any updated versions of this protocol in place at the date of
acceptance of the BPDP. "Character Trees" are defined as planted or volunteer species identified
from a survey of local vegetation on less degraded sections of the specified stream and from
reference literature that details native species. A list of Character Tree species for each Bank
Parcel will be detailed in the BPDP. Vegetative Success Criteria will be based upon guidelines set
forth in the Guidelines for Riparian Buffer Restoration prepared by the North Carolina Ecosystem
Enhancement Program (or subsequent updated versions of this Guidance in place at the date of
acceptance of a BPDP.) Success will be defined as the survival of an average density of 320
planted trees per acre after five years. If vegetative success criteria are not met, supplemental
planting may be requited. Supplemental planting will be utilized until required densities have
been achieved and maintained for five years.
M. Monitoring Reports for Riparian Buffer Credit or Nutrient Offset Credit (excluding
Stormwater BMPs): The Sponsor shall submit to the DWQ an annual monitoring report no later
than December 31 of each year for a minimum of five years after the first full growing season.
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This report will describe the conditions of each Bank parcel, including an evaluation of the
success criteria contained within the approved BPDP. Reports shall contain the following.
1. A U.S. Geological Survey map showing location of the Bank Parcel(s);
2. A detailed narrative summarizing the condition of the Bank parcel(s) and all regular
maintenance actives;
3. Appropriate topographical survey showing location of sampling plots, permanent photo
points, location of transects, etc.;
4. Monitoring data, including specific vegetative county and photographs; and
5. A copy of the most recent Bank credit/debit ledgers; and
6. Corresponding verification letters from designated local governments; and
7. Corresponding Mitigation Transfer Certificates
N. Operation and Maintenance Reports for Nutrient Offset Credit — Stormwater BMPs: The Sponsor
shall submit to the DWQ an annual Operation and Maintenance ( "O &M ") no later than December
31 of each year for a minimum of five years after the initial instal lation/renovation of the
stormwater BMP. This annual monitoring report shall describe the conditions of each Bank
parcel, including an evaluation of the success criteria contained within the approved BPDP.
Reports shall contain the following:
1. A U.S. Geological Survey map showing location of the Bank Parcel(s);
2. A detailed narrative summarizing the condition of the Bank parcel(s) and all regular
maintenance actives;
3. A copy of the most recent Bank credit/debit ledgers; and
4. Corresponding verification letters from designated local governments; and
5. Corresponding Mitigation Transfer Certificates; and
6. Photographs of current conditions of the BMPs as well as photos showing any
maintenance that has been performed on the BMPs including the corresponding dates.
O. Stormwater BMP success Criteria: The success of a stormwater BMP will be based upon the type
of BMP and its associated design criteria contained within the approved BPDP. For purposes of
this agreement, the design criteria shown in the North Carolina Division of Water Quality
Stormwater Best Management Practices Manual dated October 2007, or any updated versions of
this manual,'and compliance with the approved operation and maintenance agreements contained
within the approved BPDP shall be the basis for judging the success of a specific device.
CONTINGENCY PLAN/REMEDIAL ACTIONS
P. In the event the Bank Parcel fails to achieve the success criteria described in this Instrument and
the approved BPDP, the Bank Sponsor shall develop necessary contingency plans in coordination
with the DWQ and implement appropriate remedial actions for the Bank Parcel and the Bank.
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Depending on the degree of remedial actions required, the DWQ may modify the monitoring
period.
FINANCIAL ASSURANCES
Q. Following approval of the BPDP, the Sponsor shall provide a Performance Bond from a surety
company that is rated no less than an "A -" as rated by A.M. Best. The Performance Bond amount
shall be 100% of the estimated cost for implementation of the buffer restoration and /or
stormwater BMP project as described in the approved BPDP, but not less than $150,000.00.
R. Alternatively, in lieu of posting the Performance Bond, the Sponsor may elect to construct the
project prior to the first credit release.
S. After completion of the restoration/construction, a separate Performance /Maintenance Bond will
be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but
not less than $100,000.00. The Performance/Maintenance Bond shall be in effect for a minimum
of five years, and until DWQ has released all mitigation credits to the Bank Sponsor. Upon
DWQ approval, this may be lowered each year based on the adjusted cost to complete the
monitoring.
VI. CALCULATION OF MITIGATION CREDITS AND CREDIT RELEASE SCHEDULE
A. Riparian Buffer Credit may be achieved through restoration or enhancement of the DWQ riparian
buffer, as defined in 15A NCAC 02B .0259 and per 15A NCAC 02B .0260.
B. Nutrient Offset Credit may be achieved through restoration or enhancement of the riparian area
adjacent to surface water features. Surface water features do not have to be intermittent or
perennial, nor do they have to be depicted on a USGS, NRCS, or EMC approved map. However,
surface water features must be hydrologically connected and drain to jurisdictional waters that are
either intermittent or perennial. The width of the restoration area begins at the most landward
limit of the top of bank or the rooted herbaceous vegetation and extends landward a maximum
distance of 200 feet on all sides of the surface water.
C. The mitigation accomplished in the DWQ riparian buffer, as defined in 15A NCAC 02B .0259
and per 15A NCAC 02B .0260 may be used for either Riparian Buffer Credit or Nutrient Offset
Credit, but not both and shall be subject to the same mitigation ratios.
D. Riparian Buffer Credit is defined as one (1) buffer credit per one square foot or 43,560 buffer
credits per one acre.
E. Nutrient Abatement of Restored Riparian Area: The Sponsor and DWQ agree:
1. The pounds of nitrogen offset per acre of restored riparian areas shall be two thousand
two hundred and seventy three pounds per acre (2,273.02 lbs /acre), or the amount of
nitrogen offset per acre in effect at the time the BPDP is approved.
2. The pounds of phosphorus offset per acre of restored riparian areas shall be one hundred
forty six and four - tenths pounds per acre (146.4 lbs /acre) or the amount of phosphorus
offset per acre in effect at the time the BPDP is approved.

F. Nutrient Offset Credit of Installed/Renovated Stormwater Best Management Practices: The
Sponsor and DWQ agree that the pounds of nitrogen and /or phosphorus available for credit
release from newly renovated or constructed stormwater BMPs shall be based upon the design
calculations /nutrient export calculations submitted to and approved by the DWQ as part of the
BPDP.
G. The Sponsor and DWQ agree that the methodology and calculations for determining nitrogen and
total phosphorous reduction, including delivery factors, associated with restoration or
enhancement of riparian areas, shall be fixed as part of the approval of each BPDP, with the fixed
amount not changing during the development or credit release schedule for each Bank Parcel.
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H. Credit Release: Upon submittal of all appropriate documentation by the Sponsor, and subsequent
approval by DWQ, it is agreed that the mitigation credits associated with the Bank Parcel will
become available for sale to a third party in accordance with the following schedules:
Table I - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits (excluding
Stormwater BMPs
Task
Project Milestone
% Credit
Available for
Sale
1
BPDP Approved by DWQ, Conservation Easement Recorded* and Financial
Assurance Posted
20
2
Mitigation Site Earthwork, Planting and Installation of Monitoring Devices
Completed
20
3
Monitoring Financial Assurance Posted and Approval of As -Built Report
10
4
Monitoring Report #1: Approved by the DWQ **
10
5
Monitoring Report #2: Approved by the DWQ **
10
6
Monitoring Report #3: Approved by the DWQ **
10
7
Item B (1) of Section IX in this Instrument has been completed and approved by
DWQ.
5
No remaining credits will be released until Task 7 has been satisfied
8
Monitoring Report #4: Approved by the DWQ **
5
9
Monitoring Report #5: Approved by the DWQ ** and final site visit by DWQ has
been conducted
10
Total
100%
* For specification, please see Section VIII in this Instrument
** DWQ Approval provided upon a determination that the site is meeting success criteria contained within
the approved BPDP
Table 2 - Credit Release Schedule for Nutrient Offset Credits — Stormwater BMPs
Task
Project Milestone
% Credit
Available for
Sale
1
BPDP Approved by DWQ, Bank Closure Agreement, Drainage and Access
Easements Recorded and Financial Assurance Posted, and Operation and
Maintenance Agreement Approved by DWQ
20*
2
Installation / Renovation of Stormwater BMP in accordance with approved design
1 plans completed
20
3
Approval of As -Built Package
10
4
O &M Report # 1: Approved by the DWQ*
10
5
O &M Re ort #2: Approvedbythe DWQ*
10
6
O &M Report #3: Approved by the DWQ*
10
7
Item B (1) of Section IX in this Instrument has been completed and approved by
DWQ.
5
No remaining credits will be released until Task 7 has been satisfied
8
O &M Report #4: Approved by the DWQ*
5
9
O &M Report #5: Approved by the DWQ* and final site visit by DWQ has been
conducted
10
Total
100%
Table 2 - Credit Release Schedule for Nutrient Offset Credits — Stormwater BMPs
* For specification, please see Section VIII in this Instrument
** DWQ Approval provided upon a determination that the site is meeting success criteria contained within
the approved BPDP

I. DWQ may modify the credit release schedule based on the information submitted or the order in
which required information is received. DWQ will notify the Sponsor of any modification to the
credit release schedule.
VII. PROCEDURE FOR DEBITING AND CREDITING
A. Available mitigation credits (credits that have been released by DWQ but not sold by the
Sponsor) that are generated within the DWQ riparian buffer, as defined by 15A NCAC 02B .0259
and per 15A NCAC 02B .0260 can be converted and transferred from Riparian Buffer Credits to
Nutrient Offset Credits and from Nutrient Offset Credits to Riparian Buffer Credits. Available
Nutrient Offset Credits that are generated outside of the DWQ riparian buffer cannot be converted
or transferred to Riparian Buffer Credits.
B. The Bank Sponsor shall obtain verification of nutrient offset need from a designated local
government prior to debiting Nutrient Offset Credits from the Bank Parcel.
C. The Bank Sponsor shall obtain verification of buffer mitigation required prior to debiting
Riparian Buffer Credits from the Bank Parcel.
D. The Bank Sponsor shall maintain three credit ledgers, if applicable, for each Bank Parcel under
this Instrument: one accounting for buffer mitigation credits in square feet, one accounting for
nitrogen offset credits in pounds, and one accounting for phosphorus offset credits in pounds.
E. Each credit ledger shall be submitted on a separate 8 '' /zin X 11 in spreadsheet with legible font
style and font size. At a minimum and unless otherwise requested by DWQ, credit ledgers shall
contain the following information:
Bank Details listed in a header: (1) name of the approved banking instrument as it
appears on the instrument document, (2) sponsor name, (3) bank parcel name as it
appears on the BPDP, (4) DWQ project number for the BPDP, (5) date the ledger was
last updated, 6) total credits released to date.
2. Credit Details Table with the following for each credit sale: (1) date of credit sale, (2)
purchaser name, (3) project name and corresponding HUC, (4) name of designated local
government requiring Nutrient Offset Credits, and/or (5) DWQ authorization number or
delegated local government requiring Riparian Buffer Credits for this project, (6) credits
released by DWQ to the Bank listed in pounds for Nutrient Offset Credits and in square
feet for Riparian Buffer Credits, (7) credits debited /sold from bank listed in pounds for
Nutrient Offset Credits and in square feet for Riparian Buffer Credits, (8) available
credits listed in pounds and acres for Nutrient Offset Credits and in square feet and acres
for Riparian Buffer Credits.
F. All credit and debit transactions for each Bank Parcel under this Instrument shall be accurately
depicted in the credit ledgers. DWQ shall be notified of each credit sale or credit transfer within
thirty (30) calendar days by electronically submitting an updated credit ledger to DWQ. At a
minimum, DWQ shall receive a hard copy of updated credit ledgers along with the corresponding
Mitigation Credit Transfer Certificates ( "Certificate ") and all corresponding letters from the
designated local governments twice a year. Notification of all credit sales shall be provided to
DWQ until all credits that have been released have been sold.

G. All credit sales will include a Certificate that will include, at a minimum, the following
information:
Bank Details: (1) sponsor Name, (2) name of the approved banking instrument as it
appears on the instrument document, (3) bank parcel name as it appears on the BPDP, (4)
DWQ project number for the BPDP.
Credit Details: (1) date of receipt, (2) identify if full or partial payment, (3 — when
applicable) amount of nitrogen credits purchased in pounds and confirmation from the
designated local government of the amount required, (4 — when applicable) amount of
phosphorous credits purchased in pounds and confirmation from the designated local
government of the amount required, and (5 — when applicable) amount of Riparian Buffer
Credits purchased in square feet and the confirmation from DWQ or the local
government of the amount required.
3. Project Details: (1) project name as it appears on DWQ or local government permits
and /or certifications, (2) 8 -digit HUC (or the sub - watershed if for the Jordan Lake
Nutrient Strategy), (3) river basin, (4) nutrient strategy applicable to the project, (5 —
when applicable) designated local government requiring Nutrient Offset Credits or
Riparian Buffer Credits for this project and/or (6) DWQ authorization number or
delegated local government requiring Riparian Buffer Credits for this project.
H. If the DWQ determines that the Bank is operating at a deficit (e.g. the Sponsor is closing on sales
and /or transferring credit that is not available), or the Bank is selling credits out of compliance
with statutes, rules or this Agreement, the sale /transfer of credits will immediately cease, and the
DWQ, in consultation with the Sponsor, will determine what remedial actions are necessary.
VIII. PROPERTY DISPOSITION AND LONG -TERM MANAGEMENT
A. Prior to the release of any credits, the Sponsor shall acquire a permanent conservation
easement(s) for the Bank Parcel(s) at the County Register of Deed's office that is sufficient to
ensure protection, operation and maintenance of restored riparian buffers, other riparian areas,
and /or stormwater BMPs for the duration specified in the approved BPDP.
B. The form of the conservation easement shall be consistent with the standards employed by the
State of North Carolina in the protection of restored riparian buffers and riparian areas as well as
any stormwater BMPs and shall be approved by the DWQ prior to the release of any credits.
C. The Sponsor shall not grant additional easements, right of ways, or any other property interest in
or to the project areas without prior approval from the DWQ.
D. The Sponsor shall transfer or assign the Bank Parcel's conservation easement and all of its
interests to a land trust or stewardship fund as described in Item B of Section V in this
Instrument. The land trust or stewardship will hold and enforce the conservation easement in
perpetuity.
E. In the event that the Sponsor is also the owner of the underlying fee interest in the property, the
conveyance of the conservation easement to a land trust or stewardship fund must be arranged at
the outset of the approved BPDP.
E

IX. BANK PARCEL CLOSURE
A. Bank Parcel Closure shall be identified as the event when the Sponsor is relieved of all of its
responsibilities to the Bank Parcel and there are no mitigation credits left to sell.
B. Bank Parcel Closure shall commence only after all of the following events have occurred:
1. Transfer or assign the conservation easement and all of its interests, in perpetuity, to a
land trust or stewardship program as described in Item B of Section V of this instrument.
2. All five years of monitoring completed and all monitoring reports submitted and
approved by DWQ.
3. All credits have been released and debited and updated ledgers showing a zero credit
balance have been submitted and approved by DWQ.
X. GENERAL PROVISIONS
A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor and
the landowner shall grant permission to the Director, an authorized representative of the Director,
or DENR staff, to enter the property containing the Bank Parcel(s).
B. Amendments: This Banking Instrument may be amended or modified only with written approval
of all signatory parties.
C. Any transfer of the Sponsor's rights or obligations outlined in this Instrument or any other
agreement referenced in this Instrument to a third party must be approved by DWQ prior to the
transfer.
D. Force Majeure: After the sale of all available credits, the Sponsor will not be responsible for Bank
failure that is attributed to natural catastrophes including but not limited to flood, drought,
disease, regional pest infestation, etc. that are beyond the control of the Sponsor.
E. However, if an event occurs before DWQ has released all of the credits, the Sponsor shall take
remedial action to restore the property to its condition prior to the event, in a manner sufficient to
provide adequate mitigation 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 DWQ and the Sponsor.
DWQ must concur in writing that a force majeure event has occurred for this provision to apply.
F. Oversight: Actions taken by DWQ may include, but are not limited to, the following:
1. Site visits.
2. BPDP review and approval of items listed in Items A and B of Section V of this
instrument.
3. Monitoring Report and /or O &M report review and approval of items listed in Items M
and N of Section V of this instrument.
4. As -Built Report review and approval of items listed in Item F of Section V of this
instrument.
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5. Credit Ledger review and approval of items listed in Item E and F of Section VII of this
instrument.
6. Certificate review of items listed in Item G of Section VII of this instrument and cross
analysis to credit ledgers.
7. Information requests, file reviews and audits
Reports, ledgers, files and other information shall be made available to DWQ upon request,
unless otherwise specified in this or any other document.
G. Validity of the Banking Instrument: This Instrument will become valid on the date of the last
party's signature.
H. Specific Language of Banking Instrument Shall Be Controlling: To the extent that specific
language in this document changes, modifies, or deletes terms and conditions contained in those
documents that are incorporated into the Instrument by reference, and that are not legally binding,
the specific language within the Instrument shall be controlling.
I. Any disputes over decisions regarding this Instrument, shall be referred to the Director of DWQ
for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S.
150B.
J. This Agreement shall be binding upon the parties and is entered into knowingly, intelligently, and
voluntarily.,
K. Notices: All notices and other communications which may be or are required to be given or made
by any party to the other shall be in writing and shall be deemed to have been properly given and
received on the date delivered in person or deposited in the United States mail, registered or
certified, return receipt requested, to the addresses set out below, or at such other addresses as
specified by written notice delivered in accordance herewith.
If to Restoration Systems, LLC: 1101 Haynes Street
Suite 211
Raleigh, NC 27604
If to DWQ: NC Division of Water Quality— Wetlands & Stormwater Branch
Attn: Nutrient Offset Bank Coordinator
1650 Mail Service Center
Raleigh, NC 27699 -1650

L. Applicable Law: This Agreement shall be construed under the laws of the State of North
Carolina.
RESTORATION SYSTEMS, LLC
By: 6 ".11(Print)
P
Z?�w (Signature)
Title: �r�� dc-nt
Date: / ;�-4 Z �goj 2—
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUAALITY / D
By: G ,�l / !//L (Print)
(Signature)
Title: P JAJ C)
Date:
12

Nutrient Offset Program & Buffer Mitigation Program I Updated
Authority Template for UMBI /MBI 12/17/2011
Attachment A
General Statutes:
G.S. § 143 -214.1 Water; water quality standards and classifications; duties of Commission
G.S. §143-214.7 Stormwater runoff rules and programs
G.S. § §143- 214.20 -24 Riparian Buffer Protection Program
G.S. §143- 215.3(a)(1) General powers of Commission and Department; auxiliary powers
G.S. §143-215.6A Enforcement Procedures: Civil Penalties
G.S. § 143 - 215.613 Enforcement Procedures: Criminal Penalties
G.S. §143- 215.6C Enforcement Procedures: Injunctive Relief
G.S. §143 - 215.813 Basinwide Water Quality Management Plans
G.S. §14313-282 Environmental Management Commission — creation; powers and duties
Session Laws
S.L. 2011 -343 (Amendment to G.S. §143- 214.11)
S.L. 2009- 337 (Amendment to G.S. §143-214.11)
Administrative Rules:
15A NCAC 02B .0202 Definitions
15A NCAC 02B .0223 Nutrient Sensitive Waters
15A NCAC 02B .0237 Best Management Practice Cost - Effectiveness Rate
15A NCAC 02B .0240 Nutrient Offset Payments
15A NCAC 02B .0269 Riparian Buffer Mitigation Fees to the NC Ecosystem Enhancement Program
15A NCAC 02B .0274 Nutrient Offset Payment Rates for the NC Ecosystem Enhancement Program
Tar - Pamlico River Basin Buffer and Tar - Pamlico Nutrient Strategy
Session Laws:
S.L. 1999 -329 (part of G.S. 14313-282)
Administrative Rules:
15A NCAC 2B .0229 Nutrient Offset Payments for Non- Tar - Pamlico Basin Association Members
15A NCAC 2B .0255 Agricultural Nutrient Loading Goals
15A NCAC 2B .0256 Agricultural Nutrient Control Strategy
15A NCAC 2B .0257 Nutrient Management
15A NCAC 2B .0258 Basinwide Stormwater Requirements
15A NCAC 2B .0259 Protection and Maintenance of Existing Riparian Buffers
15A NCAC 2B .0260 Mitigation Program for Protection and Maintenance of Existing Riparian Buffers
15A NCAC 2B .0261 Delegation of Authority for the Protection and Maintenance of Existing Riparian Buffers