20090858 Ver 2_Credit Release Task 6_20121218

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 18, 2012
Mr. Thomas Rinker
EBX -EM, LLC
10055 Red Run Blvd., Suite 130
Owings Mills, MD 21117
DWQ Project # 09 -0858 v2
Orange County
Re: Cape Fear Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument (UBI)
Carl Lloyd Bank Parcel Credit Release — Task 6
Dear Mr. Cousins:
On November 13, 2012, the Division of Water Quality (DWQ) received the Year Three Monitoring
Report, dated November 7, 2012, for the Carl Lloyd Bank Parcel in Orange County, North Carolina. On
December 5, 2012, Katie Merritt with DWQ requested a detailed summary of actions taken to rectify the
encroachment of the buffer restoration area noted in the Year Two Monitoring Report. Ms. Merritt also
requested an explanation as to why the "Not Listed" volunteer species (red maple and sweetgum) were
not shown in Table 2 as they have been in past monitoring reports. Lastly, Ms. Merritt requested that
the height class criteria for counting natural stems be revised to include no less than l Ocm as required
with Level II monitoring on all future monitoring reports. On December 14, 2012, DWQ received a
satisfactory response to the requests and appreciates your cooperation. On December 17, 2012, Ms.
Merritt received nutrient offset and phosphorous offset credit ledgers along with corresponding
verification letters and sale affidavits for sales' transactions from July 20, 2012 through December 5,
2012. All sales appeared to be compliant.
According to the UBI, the following Project Milestones have been met, and the corresponding credits
shall be released:
Milestones Credit
6) Submittal and approval of Year 2 Monitoring Report 10%
By copy of this correspondence, DWQ confirms that you have satisfied the above requirements for the
above - referenced tract. An additional 10% of your nitrogen offset credits (0.1 x 24,639.32 = 2,463.93
lb -N) and an additional 10% of your phosphorus credits (0.1 x 1,586.98 = 158.70 lb -P) are now
available for sale. Please update your credit ledgers accordingly.
Wetlands, Buffers, Stormwater Compliance & Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: Archdale Bldg., 9th Floor, 512 N. Salisbury St, Raleigh, NC 27604
Phone- 919 -807 -63001 FAX. [phone]
Internet. http :// portal. nodenrorg twebtwq /swpAvs/webscape
An Equal Opportunity 1 Affirmative Action Employer
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EBX -EM, LLC.
Page 2 of 2
December 18, 2012
A total of 80% of the available nitrogen credits (19,711.45 lb -N) and 80% of the available phosphorous
credits (1,269.58 lb -P) have been released for this site.
Please note that nutrient offset credits generated at this site must be used for impactstin the Upper
New Hope Arm of Jordan Lake within the Cape Fear River Basin.
As always, please copy DWQ on all correspondence related to credit sales.
Please feel free to contact Katie Merritt at (919) 807 -6371 if you have any questions regarding this
correspondence.
Sincerely,
Karen Higgins, Supervis
Wetlands, Buffers, Stormwater, Compliance and
Permitting Unit
KAH/kym
cc:
File Copy - Katie Merritt
Copy — Tommy Cousins - EBX -EM, LLC; 909 Capability Drive, Suite 3100, Raleigh, NC 27606