20080229 Ver 1_Approval Letter_20130222

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
February 22, 2013
Mr. "Thomas Rinker
EBX -EM, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
Re: Financial Assurance Reduction Approval
Forrest Creek Buffer Bank Parcel
Dear Mr. Rinker:
John E. Skvarla, III
Secretary
DWQ Project # 2008 -0229
Orange County
On February 11, 2013, the Division of Water Quality (DWQ) received a request for approval to reduce
the financial assurance required for the monitoring and maintenance performance obligations of EBX-
EM, LLC for the Forrest Creek Buffer Mitigation Bank in Orange County, North Carolina. Other nutrient
offset /buffer banks have been allowed per their MBIs to reduce their monitoring bonds /financial
assurance by 20% following each yearly monitoring report approval by DWQ. Since you have requested
a change that aligns with the implementation of the financial assurance provisions of more recent MBIs,
in this case we will allow the following:
DWQ approved the fourth annual monitoring report for the subject mitigation bank on November
22,201land submitted a credit release letter documenting the approval. DWQ received the fifth annual
monitoring report on December 4, 2012 but has not issued an approval letter at this time.
Your request to reduce the financial assurance (Performance Bond No. 1000899309) from $70,000 to
$35,000.00 from United States Surety Company is hereby approved. This reduction is 20% of the
original financial assurance (Performance Bond No. 5035455) amount of $175,000.00. This site will be
visited in Spring of 2013 to determine final approval of the site.
Please feel free to contact Katie Merritt at (919) 807 -6371 if you have any questions regarding this
correspondence.
KAHAyin
cc: File copy (Katie Merritt)
Cara Nelson (via electronic mail)
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 (9u, Floor)
Phone: [phone] FAX: 919 - 807 -6494
Internet: hUp://portal.ncdenr.org /web /wq /swp /ws /webscape
An Equal Opportunity 1 Affirmative Action Employer
Sincerely,
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J J, Aki
Karen Higgins, Sup r or
Wetlands, Buffers, S 1 water, Compliance and
Permitting Unit
NorthCarolina
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