20130436 Ver 1_Signed TarPam UMBI_GES_20130501

_47j;t'�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.F. John E. Skvarla, III
Governor Director Secretary
May 1, 2013
DWQ Project # 2013 -0436
Greene Environmental Services, LLC
Attn: Jeffrey Becker
90 Ham Produce Road
Snow Hill, NC 28580
Re: Umbrella Mitigation Banking Instrument (UMBI) Approval
Dear Mr. Becker:
On April 22, 2013, the North Carolina Division of Water Quality (NCDWQ) received a signed UMBI
by Mr. Bobby Ham on behalf of Greene Environmental Services, LLC (GES). The UMBI was
developed to provide GES with the ability to perform the following functions in the Tar - Pamlico River
Basin, within the 8 -digit Hydrologic Unit Codes (HUC) 03020101, 03020102, 03020103, 03020104 and
03020105:
Improve water quality through the restoration of riparian buffer habitat, and /or the installation of
new stormwater best management practices (`BMP "), and /or the renovation of existing
stormwater BMPs,
• To provide mitigation and sell any resulting Riparian Buffer Credits and /or Nutrient Offset
Credits to third parties for development (both existing and proposed) requiring such mitigation
On behalf of NCDWQ, Charles Wakild added his signature to the UMBI, thereby approving its use
effective May 1, 2013. DWQ will be posting the approved UMBI on public notice before June 1, 2013.
Please note, that at this time, there are no designated local governments required to implement the
Tar - Pamlico stormwater rule within the 8 -digit HUC 03020105; therefore, GES cannot sale
nutrient offset credits within this service area.
Wetlands, Buffers, Stormwater Compliance & Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: Archdale Bldg., 911 Floor, 512 N. Salisbury St, Raleigh, NC 27604
Phone: 919 - 807 -63001 FAX: 919 - 807 -6494
Internet: http: / /poilal.ncdenr.org /web /wq /swp/ws /webscape
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Awald'y

Greene Environmental Sen/ioea, LLC
Page 2nf2
May 1.2013
Please feel free k> contact Katie Merritt o1(q1g)807-h37lif you have any questions regarding this
correspondence.
Si `-
-L� K
'L
Higgins, Supervisor
Wetlands, Buffers, Stormwater, Compliance and
Permitting Unit
Attachments: Signed 'Far-Pamlico UMBI, "Attachment A" - Authority Template for UMBI
cc: File Copy-Katie Merritt

A I�i��
1
AGREEMENT TO ESTABLISH A GREENE ENVIRONM]
TAR- PAMLICO UMBRELLA MITIGATION BANKING IN
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 Greene Environmental Services,
LLC, acting as the Bank Sponsor ( "Sponsor "), and the North Carolina Department of
Environment and Natural Resources - Division of Water Quality ( "DWQ "). This h7strument
is in accordance with 15A NCAC 0213 .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.
H. 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, 0302002, 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 doclnnent 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 storm water BMP activities; 4) monitoring and
maintenance plans; 5) financial assurances; 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 -7 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
qualified 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 year
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.
2

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.
2. 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.
1 -1. 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.
1. 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
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 planted at a density sufficient to provide 320 trees per acre at maturity. Tc
achieve this density, approximately 436 (10x10ft. 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 far 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 Rz ffer 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 required. 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. 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;
5. A copy of the most recent Bank credit /debit ledgers;
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
installation /renovation of the stormwater BMP. "phis 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 activities,
3. A copy of the most recent Bank credit /debit ledgers;
4. Corresponding verification letters from designated local governments;
4

5. Corresponding Mitigation Transfer Certificate; 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 BPDI' 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. 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.
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 j urisdictional
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 and two - hundredths 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.
This space left blank intentionally, do not add text to this space

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 1 — 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 41: Approved by the DWQ**
10
5
Monitoring Report 42: 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
O &M Report #5: Approved by the DWQ* and final site visit by DWQ has
been conducted
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 Stormwater Best Management Practices
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 plans completed
20
3
Approval of As -Built Package
10
4
1 O &M Report # 1: Approved by the DWQ
10
5
O &M Report #2: Approved by the 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 saris red
8
O &M Report 44: 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%
* 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

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 frorn 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 %in 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:
1. 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.
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 ahard 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.
W

G. All credit sales will include a Certificate that will include, at a minimum, the following
information:
1. 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.
2. 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.
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) and /or drainage and access easements 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.
D

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.
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:
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.
10

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.
5. Credit Ledger review and approval of items listed in Item E and F of Section VII of this
instrument.
Certificate review of items listed in Item G of Section VII of this instrument and cross
analysis to credit ledgers.
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.
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
4 of G.S. 150B.
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 Greene Environmental, LLC: 90 Ham Produce Road
Snow Hill, NC 28580
If to DWQ: NC Division of Water Quality - Wetlands & Storm water Branch
Attn: Nutrient Offset Bank Coordinator
1650 Mail Service Center
Raleigh, NC 27699 -1650
11

L. Applicable Law: This Agreement shall be construed under the laws of the State of North Carolina.
GREENE ENVIRONMENTAL SERVICES, LLC
By: (Print)
(Signature)
Title:
Date: 0+1 16 Q
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
By: 2-C (Print)
(Signature)
Title: err
Date:
t1)
U� D-rr-,u t 20 �3 ab
12

Nutrient Offset Program & Buffer Mitigation Program I Updated
Authorities for UMBI /MBI 03/26/2013
Attachment A
All Basins
General Statutes:
G.S. § 143 -214.1 Water: water quality standards and classifications; duties of Commission
G.S. § 143- 214.11 Ecosystem Enhancement Program
G.S. § 143 - 214.26 Nutrient Offset Credits
G.S. §§ 143- 214.20 -24 Riparian Buffer Protection Program
G.S. § 143 -214.7 Storinivater runoff rules and programs
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 -215.6B Enforcement Procedures: Criminal Penalties
G.S. § 143 - 215.60 Enforcement Procedures: Injunctive Relief
G.S. § 143 - 215.88 Basinivide Water Quality- Management Plans
G.S. § 1438 -282 Environmental Management Commission — creation: powers and duties
( )n T,aivti
S.L. 2012 -200 (Amendment to G.S. §143- 214.23 and G.S. §143- 215.1)
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 Pavinents
15A NCAC 02B .0269 Riparian Buffer Mitigation Fees to the NC Ecosystem Enhancement Program
15A NCAC 02B .0274 Nutrient Offset Pavinent Rates for the NC Ecosystem Enhancement Program
15A NCAC 02B .0301 Stream Classifications
Tar - Pamlico River Basin Buffer and Tar - Pamlico Nutrient Strate2v
Session Laws:
S.L. 2011 -394
S.L. 1999 -329 (part of G.S. 1438 -282)
Administrative Rules:
15A NCAC 2B .0229 Nutrient Offset Pavinents 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 Basinivide Storinivater 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