20100408 Ver 1_Approval Letter_20130402

Thomas Rinker
EBX NeLise 1, LLC
909 Capability Drive, Suite 3 100
Raleigh, NC 27606
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April 2, 2013
DWQ Project fl: 2010-0408
Johnston COUnty
Re: EBX Neuse Riparian Buffer Umbrella Mitigation Bank Instrument (UMBI)
I
Rudolf Bank Parcel Credit Release
Dear Mr. Rinker:
On November 28, 2013, the Division of Water Quality (DWQ) received the Year two Monitoring
Report, dated November 2012, for the Rudolf Bank Parcel in Johnston County, North Carolina. On
December 17, 2012 and February 19, 2013, Katie Merritt with DWQ submitted comments requesting
that additional items be addressed prior to approval of the report. On February 11, 2013, DWQ received
a satisfactory response to the requests from December 17, 2012 and appreciates your cooperation.
On December 19, 2012, Ms. Merritt received nutrient offset and riparian buffer credit ledgers along with
corresponding verification letters and sale affidavits for sales' transactions from July 20, 2012 through
December 17, 2012. All sales appeared to be compliant.
According to the UMBI, the following PrQject Milestone has been met, and the corresponding credits
shall be released:
Milestones Credit
4) Approval of Year 2 Monitoring Report w/ Conditions 10%
By copy ofthis correspondence, DWQ confirms that you have satisfied the above requirements for the
above - referenced tract and an additional 10% of your nutrient offset credits (0.1 x 92,420 lbs-N = 9,242
lb-N) are now available for sale. Also, an additional 101YO of your riparian buffer credits (0.1 x 173,064
ft' = 17,306.4 111) are now available for sale.
A total of 70% of the available nutrient offset and riparian buffer credits have been released for this site.
In previous correspondence, DWQ has stated that the Rudolf Site monitoring bond (Bond #1000904468)
may be lowered each year on a case by case basis, based on the adjusted cost to finish the monitoring.
DWQ approved a 10% reduction with the approval of the Year I Monitoring Report. This reduction
was decided based on the need for supplemental plantings in the riparian buffer area that had been
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EBX Neuse 1, LLC
Page 2 of 2
April 2, 2013
mowed by the landowner. On April 2, 2013, DWQ received confirmation that the supplementing
planting had been accomplished. Based on the approval of the Year 2 Monitoring report and the
completion of the supplemental plantings, you have our approval to lower your performance bond an
additional 30% of the total bond amount of $1.00,000.
As always, please copy DWQ on all correspondence related to credit sales, referencing the DWQ project
number associated with the impacts for which credits are being purchased as compensatory mitigation.
Please note that nutrient offset credits generated at this site must be used for impacts in HUC
03020201 of the Neuse River Basin excluding the Falls Watershed.
Please feel free to call Katie Merritt at (919) 807 -6371 if you have any questions regarding this
correspondence.
Sincerely, l
�Wuw
Karen Higgins, Sup
Wetlands, Buffers,
Permitting Unit
KAFI /krn
cc: Norton Webster - LBX Neuse 1, LLC (via electronic mail)
File Copy (Katie Merritt)
- ompliance and