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HomeMy WebLinkAbout20090858 Ver 2_Mitigation Bank Information_2013061809 -o85g Ua. 4 LETTER OF TRANSMITTAL 909 Capability Drive, Suite 3100 Raleigh, NC 27606 919 -829 -9909 — PH 919 - 829 -9913 — FAX 10055 Red Run Boulevard, Suite 130 Owings Mills, MD 21117 410 - 356 -5159 — PH 410- 356 -5822 — FAX 604 Greene Street, Suite 100 Camden, SC 29020 803432-4890 — PH 410 - 356 -5822 — FAX 137'/2 Main Street, Suite 210 Oak Hill, WV 25901 3044654300 — PH 3044654302 — FAX TO: Division of Water Quality DATE: June 18, 2013 1650 Mail Service Center Raleigh, NC 27699 -1650 RE: Hard copies of credit sales documentation for the Cape Fear Bank Sites ATTN: Katie Merritt We are sending via: ❑ Overnight N Regular Mail ❑ Pick -Up ❑ Hand Delivered The following items: ❑ Correspondence ❑ Plans ❑ Specifications 0 Other as listed below: COPIES DATE NO. DESCRIPTION 1 6/18/13 Hard copies of Affidavits, ledgers, and verification letters dated 12/5/12 to 6114113 for the Cape Fear Sites 1 6/18/13 CD of Affidavits, ledgers, and verification letters dated 12/5/12 to 6/14/13 for the Cape Fear Sites These are transmitted as checked below: 0 For Approval ❑ As Requested ❑ Approved as Submitted ❑ Returned for Corrections . For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ For Your Signature REMARKS: Please find enclosed the following items: Affidavits, approval Lloyd site and the Ivey - Ferguson Site. Thank you, Cara Conder COPY TO: Matt Fisher 3ujJ 2 4 zm . WATi:R auI sn ��; � s'�^ SIGNED: DR -0,858 y2e EBK45M, LLC Cer1 Loyd Bank Parcel MA"Mk NUC 03020002 Nitrogen Credit Ledger Date Met updated: 06/17/13 DINO Bank Parcel Project 009O8EBV2 As$uM Oenarated Cm M Told: K629.32 Me DeDvary Factor. 40 % N Beak Bank Nutrenl Credit Balena Number Dt I Perehaser Name or % Credit Release Name pro" (Ilea) (� (Ns) pas► go N pbe re (be) Local Mov RegWrhmg 1 Credit Release Credits Released 29 9,855.73 394229 2 Cradle R Credb d 2,463.93 985.57 12 319.88 4,92788 3 4115110 Kitt Creek Commons LLC Km Creek Commons Lot C 303000208007 462A2 16497 11 857.24 4742.90 am 4 11112/1 Duke School of Medicine Duke of Medicine Center 741.00 29BAD 11 11024 4 .50 5 1110111 KM Creek Co". LLC Km Creek Commons Lot B 327.16 130.86 10 789.08 4315.83 6 Credit Release Crew Released 2163.93 985.57 13 .0/ $301 7 126n1 ream Tower Towers Inc 169.00 6760 1308401 S .64 8 S9n 1 RBC Soots Point RBC South PON 110.02 44.01 12 973.99 5189.60 9 8/28/11 DCN Jewish Comm m DCN Jewish Le Ceram 1825 7.30 12 955.73 5!18229 ammo 10 725n 1 Cannob Red Carno§ R 8020 34AS 12 889.53 5.147.61 11 8/15111 K e Keystone Qmce M LoFAmw%W REP 3030001060 1b0.09 50.N 12.719.44 1 5087.78 12 10w'! FtW Ceram R331 30300020601 132.50 53.00 12 586.94 b 034.78 13 10420/11 Duke School of MedkJne Duke•Vhlarkrm n 229.41 91 78 1235753 4.943.01 14 1/3011 McDonaMS U8A De McOMhaMS at V Creek Carder 201.98 80.78 1215557 4- S-UM 15 1/3011 McDonakis USA Oc McDorhatls at V Creek Carder 5% Dur 10.01 440 12143.58 4 85822 18 3MI213ports Media T Media Tedh 21.02 6.77 12123.64 ♦ 94946 17 3MI31spom Meala T Media T 5% Dwharn 115 OA8 1212ZA9 4 849.00 18 Credit ROMMI Credits 2.463.93 QN.57 1419 42 5,534.51 19 5117/1 McConmhadc Bann Salemt SomhsNe East 17040 8824 14 1S 82 5.788.33 20 3/17/12IMeCon nadc Baron Salamr Smdhside East Development (5%1 Durham 9.40 3.76 11 08.42 5 782 57 21 M12ITechnicalAssoclates SouM Tower 30300020801 1203 4.81 11394.39 5757.76 22 I/briziTecimicall Associates South Tower % Dumorn SUD002060134 0.34 0.141 11394.05 5.757.62 23 7/611 Woodifeld Alls igs 302.10 120.841 14 091.95 59418,78 am 24 7nr1 Woodbe d s% ourtom 15.12 6.05 14 075.53 s 30.73 25 72411 Atlas Real Estate Gateway Temaee Projed 1.306.62 522A5 12,770.21 5108.08 26 71241 21A Real Estate Temaee % Dwha n 030300020ON79 65.34 2814 12 70487 5081.95 27 9/1/1 Duke IDuke Medicine E Center 30300206 22923 91.69 12 475.84 4.99026 28 9/411 Duke Duke Medicine E Center 5% Durham 11 A5 4.58 12.464.191 1985.87 29 '111/1112111MRose Mo klImLP art 030300020800-08 5 1 159.54 8342 12.304.841 1921.86 IDtffharn 30 I IM1 1Mkt Rose MM LP aA •5% OWN".. 030300020800 08 6 1 23.84 9. 64 12 80.80 4 912.32 am 31 12/5/1 bWM AvemWFCA, C Swm Avenue 303000208011 430 7221 11,85027 .740.11 32 1 121WA Avwnnvcjk, LLC 8wtt1 Avenue Mo and Grad 5% Dur am 303000208011 2133 5A1 11 828.74 4 731.50 33 12/19/1 Task 6 . Credits Released 10% 2.463.93 985.57 14"M.07, 5717.07 34 3/2111 MUM Tmreee R LLC Gateway Temau Project 030300020800 139.081 55.03 14 153.59 5,661 M 35 321113 LIM Gateway Terrace RF- LLC Gateway Team 5% Durham 0303000208007 0.951 2.78 11148.84 5655.86 am 36 Il9/1 CommmOba Management, LLC Patterson Piece 0303000208011 3.265.151 1.314.06 10.861.49 1344.80 37 41911 Conmam3les LLC Patterson Place 5% Durham 11 16425 85.70 10 69724 4,278.90 38 411WI NR PaledWm Owner LLC Palladian 03030002080/3 2785.08 1114.03 7912.16 3164.88 39 411WI31 NR Palladian Proveft Owner LLC Palladian 5% Durum 030300020601 139.251 55.70 7772.91 3 109.16 am 40 4WJ131 Crvstal Coast Irnesoronle Inc. Pa Tagea 030300020601 344.34 137.74 7 428.57 2.971.43 41 4MR31 CrwstW Coast hhvesknents Inc. Tas P ble S% 030300020801 1722 8.89 7.411.35, 2 964 54 52113 AsMOrh R LLC Omve 030300020801 2§0 .75 971.90 1.80 1 991.64 59/1 0l Oralmem UOUVIS ee Revimcetbn I 030300020801 5.10 71.N 6.50 1.910.80 59/1 of Omham SouftM RevkbWcn D % Dmhwn 030300020601 9.30 3.72 720 1,914.88 U47 Ticon bees LLC Mammon Centre 0 030300020001 864.00 353AO 320 1 59125 Ticon Pro LLC Mammon Centre D 5% 030300020601 4420 t7 58 9.0o 1 AO 5/13/1 or- Nord Cciumbis 030300020801 18835 7534 0 55 1 !8929 Aad let tlds aadM ledger are for Impacts In the Upper Nowr Napa Arm of A1rden lake' 19.711,46 7,88435 16,010.60 6.4/0.32 046 1,968.26 EBX -EM, LLC Call Lbyd Bank Parcel MAW09010, RUC 03030002 Plwsplwm CM M Ledger Date bull updated: O6MSM3 DWO Bank Parcel Pr*ct MW85M As-BulM generated CrsdM Totek IASL 3 ga Dellwry Factor. 19% P Grog= KSW=*GfAV*UaM to Bank Credits U8DROCUOM fn= Bank NUt I"d Credo am"" ransa limber Date Pure Name or 1i CradM Rebaa U mmom pia (S) (go) (s) 02) Generated P (s) (bs) Re 1 2111201 i Croaks Released 317AC 80.31 317.40 60.31 2 21142011 Cmdkt Released 317AO 60 .31 634AC 120.81 3 2/1/2011 Credits Released 158.70 30.15 793.50 15077 4 2/142011 Credit 158.70 30.15 952.20 18092 5 SR2011 ROC RBC 8outk Point 0.78 0.15 95I A2 180.77 am 8 7252011 CS*M% Cartnob Red 7.50 IA3 943.92 179.34 am 7 10202011 DUke Duke VlwrWm 5.47 1.04 938.45 178 31 an 8 3/1211 Credtte Rebated 158.70 30.15 1.097.1 208.18 9 7/311 Tower 0.22 0.04 109e.93 208A2 10 7 /SN Tower 5% 0.01 0.00 1098.92 208Al 11 MA Atlas Real Estate Terrace 133 84 2SA3 963.08 182.99 12 72111 Atlas Real Estate Tenau S% Durtwm 6.70 127 958 38 187.77 13 9/1/1 Duke Duke Medk3le E C rftr 2428 4A1 932.10 177.10 14 9/111 Duke Duke Medicine E Center S% Durhmn 121 023 930 89 178.87 Malvern IS 1211 911 Task • Credb Released 10% 158.70 30.15 /089.59 207.02 16 3/1111 State ' Credit Union SEW NO BKIL 303000208011 50A7 9.59 1.039.12 197A3 17 311111 Stab ' Credit Union SECU R51 Bltd. S% Dudrem 303000208011 2.52 0.18 1 03BAO 198.95 18 31211 arn= Gatesra erraee 030.100020800 19.51 3.71 01 .09 193.2 19 321/1 MM Terrace R LLC Terrace 5% Durham 030300020800 097 0.18 1,016.12 193.00 20 419/1 Babdxfte ConmunPoea Management, LLC Patterson PIM 1 28.50 5,42 98762 21 411/1 a Consmmkbs a LLC Patterson Piece S% Durkmn 0303000208011 1.42 0.27 9118.20 22 511311 Tkon Pro LLC RamRon Centro 030300020801 69 8< 13.27 910.36 ri 511311 Tksm Pro rtlea LLG Rarriar Carrtre % Dumam 030300020801 3A7 OA6 912.89 M169.07 Z< 511311 Nam lbt 030300020801 2305 138 889.84 'AO aka Mletttl In tldr age beer ere for' In the Upper Nw rope Amr of ordes teka^ 1 241.22 2 72.161 um AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and CITY OF DURHAM The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: Swift Avenue -FCA, LLC has deposited monies with the Sponsor sufficient to acquire 452.06 lbs of Nitrogen bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its Swift Avenue Housing Grading and Utilities project, Department Case No D1200208. 2. The Swift Avenue Housing Grading and Utilities project requires a total of 452.06 lbs of Nitrogen Mitigation lbs/Credits from Cape Fear River Basin HUC 03030002060 as part of its mitigation. Of this amount 452.06 lbs of Nitrogen Credits are being provided by the Carl Lloyd Nutrient Bank Sites. 3. The Sponsor has deducted 452.06 Nitrogen Mitigation lbs /Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC Bv: loIA44 Matthew Fisher, Authorized Agent Date: 12/05/2012 Copies: Jacob Chandler, City of Durham, Storm Water Public Works -- Third Floor 101 City Hall Plaza Durham, NC 27701 DURHAM CITY OF DURHAM Department of Public Works Stormwater Services 101 City Hall Plaza I Durham, NC 27701 919.560.43261 F 919.560.4318 1 8 6 9 www.durhamnc.gov CINOFMIDIM November 28, 2012 EarthMark North Carolina, LLC 1960 Derita Road Concord NC 28027 c /o: Matt Fisher RE: Jordan Lake Nutrient Management Strategy Payment for Swift Avenue Housing Grading and Utilities Project PIN: 08214116- 39-0901 Durham City /County Planning Department Case Number: D1200208 Hydrologic Unit — 03030002060110 Nitrogen Loading to be Offset: 430.53 -lb Additional Nitrogen Loading to be Assigned to the City of Durham: 430.53 -lb X 5% = 21.53 -lb Phosphorus Loading to be Offset: 0.00 -lb Additional Phosphorus Loading to be Assigned to the City of Durham: 0.00 -lb X 5% = 0.00 -lb Dear Mr. Fisher: This letter is to serve as notice that a payment is due related to the Jordan Lake Nutrient Management Strategy for the above referenced project. Please send a copy of the payment confirmation receipt to the following address: City of Durham Public Works Department 101 City Hall Plaza 3`d Floor City Hall Durham, NC 27701 c /o: Jacob Chandler If you have questions or need clarification concerning any aspect of this matter, please feel free to call me at 919.560.4326 or email me at iacob.chandler[u�durhamnc.eov. Sinrely ce acob Chandler, PE Stormwater Services Division Durham — Where Great Things Happen AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and CITY OF DURHAM The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: 1. State Employees' Credit Union has deposited monies with the Sponsor sufficient to acquire 52.99 lbs of Phosphorous bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its SECU Chapel Hill Boulevard project, Department Case No D1200272. 2. The SECU Chapel Hill Boulevard project requires a total of 52.99 lbs of Phosphorous Mitigation lbs/Credits from Cape Fear River Basin HUC 03030002060 as part of its mitigation. Of this amount 52.99 lbs of Phosphorous Credits are being provided by the Carl Lloyd Nutrient Bank Sites. 3. The Sponsor has deducted 52.99 Phosphorous Mitigation lbs /Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC By: Mad . kA—, Matthew Fisher, Authorized Agent Date: 03/11/2013 Copies: Jacob Chandler, City of Durham, Storm Water Public Works -- Third Floor 101 City Hall Plaza Durham, NC 27701 DURHAM Itme CITY OF DURHAM Department of Public Works 101 City Hall Plaza ( Durham, NC 27701 919.560.43261 F 919.560.4316 www.durhamnc.gov March 5, 2013 EarthMark North Carolina, LLC 909 Capability Drive, Suite 3100 Raleigh, NC 27606 %: Matt Fisher RE: Jordan Lake Nutrient Management Strategy Payment for SECU Chapel Hill Boulevard Project PIN: 0810-01 -27 -1452 Durham City /County Planning Department Case Number: D1200272 Hydrologic Unit - 03030002060110 Nitrogen loading to be Offset: 0.00 -lb Additional Nitrogen Loading to be Assigned to the City of Durham: 0.00-lb X S% = 0.00 -lb Phosphorus Loading to be Offset: 50.474b Additional Phosphorus loading to be Assigned to the qty of Durham: 50.474b X S% = 2.52 -lb Dear Mr. Fisher. This letter is to serve as notice that a payment is due related to the Jordan Lake Nutrient Management Strategy for the above referenced project. Please send a copy of the payment confirmation receipt to the following address: City of Durham Public Works Department 101 City Hall Plaza 3rd Floor City Hall Durham, NC 27701 c /o: Jacob Chandler If you have questions or need clarification concerning any aspect of this matter, please feel free to call me at 919.560.4326 or email me at iacob.chandler0durhamnc.sov. Sincerely, Jacob Chandler, PE Stormwater Services Division Durham - Where Great Things Happen AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and CITY OF DURHAM The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: 1. MJM Gateway Terrace RE, LLC has deposited monies with the Sponsor sufficient to acquire 146.03 lbs of Nitrogen and 20.48 lbs of Phosphorous bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its project Gateway Terrace Revisions Project, Department Case No D1200061. 2. The Gateway Terrace Revisions project requires a total of 146.03 lbs of Nitrogen Mitigation lbs/Credits and 20.48 lbs of Phosphorous Mitigation lbs /Credits from the Cape Fear River Basin HUC 03030002060070 as part of its mitigation. Of this amount 146.03 lbs of Nitrogen Credits and 20.48 lbs of Phosphorous Credits are being provided by the Carl Lloyd Nutrient Bank Site. 3. The Sponsor has deducted 146.03 Nitrogen Mitigation lbs/Credits and 20.48 Phosphorous Mitigation lbs /Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC BY: inad& k� Matthew Fisher, Authorized Agent Date: 03/21/2013 Copies: Jacob Chandler, City of Durham, Storm Water Public Works -- Third Floor 101 City Hall Plaza Durham, NC 27701 DURHAM CITY OF DURHAM Department of Public Works Stormwater Services 101 City Hall Plaza I Durham, NC 27701 919.560.43261 F 919.560.4316 1 8 6 9 www.durhamnc.gov MY OF March 19, 2013 EarthMark North Carolina, LLC 909 Capability Drive, Suite 3100 Raleigh, NC 27606 c/o: Matt Fisher RE: Jordan Lake Nutrient Management Strategy Payment for Gateway Terrace Project PIN: 0800-03 - 21.6997 Durham City /County Planning Department Case Number. D1200061 Nitrogen Loading to be Offset: 1,445.70-lb Additional Nitrogen Loading to be Assigned to the City of Durham: 1,445.70-lb X 5% = 72.29 -lb Phosphorus Loading to be Offset:1S3.354b Additional Phosphorus Loading to be Assigned to the City of Durham: 153.354b X 5% = 7.67 -lb Dear Mr. Fisher: This letter is to serve as notice that a payment is due related to the Jordan Lake Nutrient Management Strategy for the above referenced project. Please note that the total above pounds include the transport factor for both the bank and the project site. in addition, the following pounds have previously been purchased and as such, only a balance of pounds must be provided as indicated below. Previously Purchased Pounds: Nitrogen Pounds Previously Purchased: 1,306.62-lb Additional Nitrogen Pounds Previously Assigned to the City of Durham: 1,306.62-lb X 5% _ 65.34 -lb Phosphorus Pounds Previously Purchased: 133.84-lb Additional Phosphorus Pounds Previously Assigned to the City of Durham: 133.84-lb X 5% _ 6.70 -lb Balance of Pounds to be Offset: Nitrogen Loading Balance to be Offset: 139.08-lb Additional Nitrogen Loading to be Assigned to the City of Durham: 6.95 -lb Phosphorus Loading Balance to be Offset: 19.51-lb Additional Phosphorus Loading to be Assigned to the City of Durham: 0.97 -lb Durham — Where Great Things Happen EarthMark North Carolina, LLC March 19, 2013 Page 2 Please send a copy of the payment confirmation receipt to the following address: City of Durham Public Works Department 101 City Hall Plaza 3rd Floor City Hall Durham, NC 27701 c /o: Jacob Chandler If you have questions or need clarification concerning any aspect of this matter, please feel free to call me at 919.560.4326 or email me at iacob.chandler@durhamnc.gov. Sincerely Jacob Chan er, PE Stormwater Services Division AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and CITY OF DURHAM The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: Bainbridge Communities Management, LLC has deposited monies with the Sponsor sufficient to acquire 3,449.40 lbs of Nitrogen and 29.92 lbs of Phosphorus bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its Patterson Place Apartments project, Department Case No D1200137. 2. The Patterson Place Apartments project requires a total of 3,449.40 lbs of Nitrogen Mitigation lbs/Credits and 29.92 lbs of Phosphorus Mitigation lbs/Credits from the Cape Fear River Basin HUC 03030002060110 as part of its mitigation. Of this amount 3,449.40 lbs of Nitrogen Credits and 29.92 lbs of Phosphorus Credits are being provided by the Carl Lloyd Nutrient Bank Site. 3. The Sponsor has deducted 3,449.40 Nitrogen Mitigation lbs /Credits and 29.92 Phosphorus Mitigation lbs/Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC By: Inad& 4;�� Matthew Fisher, Authorized Agent Date: 04/09/2013 Copies: Raghavenderrao Badami, City of Durham, Storm Water Public Works -- Third Floor 101 City Hall Plaza Durham, NC 27701 DURHAM Patterson Place Apartments Local Government: CITY OF DURHAM Local Government Transaction Number: Department of Public Works Basin: Stormwater Services HUC Code 101 City Hall Plaza I Durham, NC 27701 Nitrogen Loading to be Offset 919.560.4326 1 F 919.560.4316 1 8 6 9 www.durhamnc.gov CITY Of MEDCM 3 449.401bs September 21, 2012 Via E -mail Ms. Beth Ihnatolya, PE The John R.McAdams Company, Inc. P.O Box 14005 RTP, NC 27709 Ihnatolya(iDecoengr.com RE: Capefear River Basin (Jordan) Nutrient Management Strategy Payment for Patterson Place Apartments PIN: 0800 -02 -51 -9112; PID:140125 Durham City/County Planning Department Case Number: D1200137 Dear Ms.Ihnatolya: This letter is to serve as notice that proof of purchase is due for the nitrogen credits to be purchased for the above referenced project in compliance with the City of Durham's Stormwater Performance Standards for Development. Project Name: Patterson Place Apartments Local Government: City of Durham Local Government Transaction Number: D1200137 Basin: Ca efear HUC Code 03030002060110 Nitrogen Loading to be Offset 3,285.15lbs Additional Nitrogen Loading to be Assigned to the City of Durham if nutrient bank is not within Citv limits 3,285.15* lbs x 5% = 164.251bs Total Nitrogen Offset to be Purchased 3 449.401bs Phosphorus Loading to be Offset 28.50lbs Additional Phosphorus Loading to be Assigned to the City of Durham if nutrient bank is not within City limits 28.50* lbs x 5% = 1.42lbs Total Phosphorus Offset to be Purchased I 29.92lbs Durham — Where Great Things Happen DURHAM CITY OF DURHAM Department of Public Works Stormwater Services 101 City Hall Plaza I Durham, NC 27701 919.560.4326 1 F 919.560.4316 1 8 6 9 www.durhamnc.gov CRYOPMEMM *Using Site HUC code 03030002060110 that has a-transport factor of 61.50% for TN and 57.81% for TP; Mitigation bank has a transport factor of a 40.32 %. Please send a copy of the proof of purchase to the following address: City of Durham Public Works Department 101 City Hall Plaza 3rd Floor City Hall Durham, NC 27701 c /o: Raghavenderrao Badami, PE, CFM raghavenderrao .badamiAdurhamnc.gov Also, the nutrient bank will need to furnish us with a copy of their credit ledger showing that these credits have been deducted from the bank's remaining available credits. The ledger should provide a breakdown for the Nitrogen Loading to be Offset for the project and additional Nitrogen Loading (if any) to be Assigned to the City of Durham if nutrient bank is not within City limits. You must comply with any other state or federal mitigation requirements for this project. This letter only deals with the nitrogen credits to be purchased for the above referenced project (Site plan Case # D1200137) in compliance with the City of Durham's Stormwater Performance Standards for Development. If you have questions concerning any aspect of the above, please feel free to call me at (919) 560 -4326, or email me at raghavenderrao .badami(a,durhamnc.gov Sincerely, Raghavenderrao Badami, PE, CFM Civil Engineer Durham — Where Great Things Happen AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and CITY OF DURHAM The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: 1. NR Palladian Property Owner, LLC has deposited monies with the Sponsor sufficient to acquire 2,924.33 lbs of Nitrogen bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its Palladian Apartments project, Department Case No D1300014. 2. The Palladian Apartments project requires a total of 2,924.33 lbs of Nitrogen Mitigation lbs/Credits from the Cape Fear River Basin HUC 03030002030130 as part of its mitigation. Of this amount 2,924.33 lbs of Nitrogen Credits are being provided by the Carl Lloyd Nutrient Bank Site. 3. The Sponsor has deducted 2,924.33 Nitrogen Mitigation lbs/Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC B %OqQd ��ic. bG Y• Matthew Fisher, Authorized Agent Date: 04/16/2013 Copies: Jacob Chandler, City of Durham, Storm Water Public Works -- Third Floor 101 City Hall Plaza Durham, NC 27701 DURHAM CITY OF DURHAM Department of Public Woft 101 City Hall Plaza I Durham, NC 27701 919.560.43261 F 919.560.4316 www.durhamnc.gov 1869 March 14, 2013 EarthMark North Carolina, LLC 909 Capability Drive, Suite 3100 Raleigh, NC 27606 c/o: Matt Fisher RE: Jordan Lake Nutrient Management Strategy Payment for Palladian Apartments Project PIN: 0708-0248 -9929 Durham City /County Planning Department Case Number. D1300014 Hydrologic Unit - 03030002060130 Nitrogen Loading to be Offset: 2,785.08-ib (includes Transport Factors) Additional Nitrogen Loading to be Assigned to the City of Durham: 2,785.08 -lb X 596 = 139.25 -lb Phosphorus Loading to be Offset: 0.004b Additional Phosphorus loading to be Assigned to the City of Durham: 0.00 -lb X S% = 0.00 -lb Dear Mr. Fisher. This letter is to serve as notice that a payment is due related to the Jordan Lake Nutrient Management Strategy for the above referenced project. Please send a copy of the payment confirmation receipt to the following address: City of Durham Public Works Department 101 City Hall Plaza 3rd Floor City Hall Durham, NC 27701 c /o: Jacob Chandler If you have questions or need clarification concerning any aspect of this matter, please feel free to call me at 919.560.4326 or email me at jacob.chandlerOdurhamnc.eov. Sincerel4Cand Storm water Services Division Durham — Where Great Things Happen AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and CITY OF DURHAM The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: 1. Crystal Coast Investments, Inc. has deposited monies with the Sponsor sufficient to acquire 361.56 lbs of Nitrogen bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its Party Tables Expansion project, Department Case No D 1200141. 2. The Party Tables Expansion project requires a total of 361.56 lbs of Nitrogen Mitigation lbs/Credits from the Cape Fear River Basin HUC 03030002060140 as part of its mitigation. Of this amount 361.56 lbs of Nitrogen Credits are being provided by the Carl Lloyd Nutrient Bank Site. The Sponsor has deducted 361.56 Nitrogen Mitigation lbs /Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC By: dwa4 w IK. Matthew Fisher, Authorized Agent Date: 04/22/2013 Copies: Jennifer Buzun, City of Durham, Storm Water Public Works -- Third Floor 101 City Hall Plaza Durham, NC 27701 DURHAM ity of Durham Local Government: CITY OF DURHAM 1200141 Local Government Transaction Number: Department of Public Works ape Fear /Jordan Lake Basin: Stormwater Services 60140 HUC Code 101 City Hall Plaza I Durham, NC 27701 919.560.43261 F 919.560.4316 1 8 6 9 www.durhamnc.gov OTYOF MEDOW March 20, 2013 Sent via e-mail Bradley A. Rhinehalt, PE, PLS P.O. Box 688 Fuquay - Varina, NC 27526 brad.rhinehalt@brcivil.com Bomani G. Lee, PE TWP Consulting Group, PLLC P -1077 P.O. Box 1025 Decatur, GA 30031 bomani@twp- sroup.com RE: Jordan Lake Basin Nutrient Management Strategy Payment for Party Tables Expansion PIN: 0830 -04-51 -0760 Durham City /County Planning Department Case Number: D1200141 Dear Brad and Bomani: This letter is to serve as notice that proof of purchase is due for the nitrogen credits to be purchased for the above referenced project in compliance with the City of Durham's Stormwater Performance Standards for Development. Attached to this letter is a Nutrient Reporting Form documenting: • The alternative used by this project to comply with the Durham Stormwater Performance Standards for Development, • Whether the minimum on -site treatment required for the project will be met, and • The additional pounds of nutrients that must be purchased to achieve the loading rate targets and satisfy the nutrient requirements for this project. arty Tables Expansion Project Name: ity of Durham Local Government: 1200141 Local Government Transaction Number: ape Fear /Jordan Lake Basin: 60140 HUC Code Durham — Where Great Things Happen CITY OF DURHAM Department of Public Works Stormwater Services 101 City Hall Plaza I Durham, NC 27701 919.560.43261 F 919.560.4316 www.durhamnc.gov Nitrogen Loading to be Offset 344.34 Ibs (delivery factor ratio factored into calculation) Additional Nitrogen Loading to be Assigned to the City of 344.34 Ibs x 5% =17.22 pounds Durham if nutrient bank is not within City limits Phosphorus Loading to be Offset Additional Nitrogen Loading to be Assigned to the City of Durham if nutrient bank is not within City limits Please send a copy of the proof of purchase to the following address: City of Durham Public Works Department 101 City Hall Plaza 3rd Floor City Hall Durham, NC 27701 c /o: Jennifer Buzun a ennifer.buzun@durhamnc.eov Also, the nutrient bank will need to furnish us with a copy of their credit ledger showing that these credits have been deducted from the bank's remaining available credits. The ledger should provide a breakdown for the nitrogen loadings to be offset for the project and additional nitrogen loadings (if any) to be assigned to the City of Durham if the nutrient bank is not within City limits. You must comply with any other state or federal mitigation requirements for this project. This letter only deals with the nitrogen credits to be purchased for the above referenced project (Site plan Case # D1200141) in compliance with the City of Durham's Stormwater Performance Standards for Development. If you have questions or need clarification concerning any aspect of this matter, please feel free to call me at (919) 560 -4326, extension 30292, or email me at iennifer.buzun@durhamnc.eov. . Sincerely, Jennifer Buzun, P.E. Civil Engineer III Attachment: CITY OF DURHAM Neuse, Falls Lake and Jordan Lake Developer Nutrient Reporting Form Durham — Where Great Things Happen Watershed (Select from Menu) Q 2 Falls Lake Basin QO Jordan Lake Basin Q Lower Neuse Basin COMPLIANCE WORKSHEET Note that if a nutrient bank is used to buy offset credits in order to achieve compliance with the alternative selected below, the bank must be located in the same watershed as the project site. Compliance Alternative (Pick one alternative, see descriptions and calculations below) OO 1 Nutrient loading limits and on -site treatment minimum (Sections 70- 740(a) and Sections 70- 741(a)) Q Alternative percentage reduction option for Redevelopment that increases impervious area (Section 70- 0 740(b)) Q Alternative percentage reduction option for Redevelopment that does not increase impervious area 0 (Section 70- 740(c)) Q 0 Alternative for low impact development in Falls Basin. Project Area Disturbance (Fill In yellow cell below) 38,900 square feet 0.893 acres TABLE 1 THRESHOLDS FOR APPLICATION OF STORMWATER POLLUTANT REQUIREMENTS Project Location Land Disturbance Limited Residential Multifamily & Other Jordan Basin 1 acre 0.5 acres Falls Basin 0.5 acres 12,000 square feet Lower Nauss Basin 1 acre 0.5 acres Note: Thresholds are based upon land disturbance since the applicable basin Baseline date. The Project is Located [Outside the Downtown Area (select from menu list) Per Section 70 -736, Downtown Area means the Downtown Tier, Compact Neighborhoods, and Suburban Transit Zones as shown on the Durham Comprehensive Land Use Plan most recently approved by the Durham City Council. The Project Type is rMultifamily and_ Other (select from menu list) Per Section 70 -736, Limited Residential means single family and duplex residential and recreational development. Multifamily and Other Development means development not included in Limited Resdiential, and includes but is not limited to multifamily and townhomes, and office, industrial, institutional (including local government institutional), and commercial development. Other key definitions from Section 70 -736: Development means Land Disturbance which increases impervious surface on a property, or alters its location, or results in an increase in runoff from a property or a decrease in infiltration of precipitation into the soil. It includes both existing development and new development. It does not include agriculture, mining, or forestry activities. Redevelopment means Development on a site where structures or impervious surface already exists. It is a category of new development. Version 1, March 6, 2013 Nutrient Loading Limits and On -Site Treatment Minimum ORDINANCE REQUIREMENTS Sec. 70 -740. (a) Nutrient Loading Limits. Development not exempt under subsection 70-739 shall construct and implement SCMs so as to limit the post construction loading of nitrogen and phosphorus from the project area to the limits set forth in Table 2 below, or shall comply with an allowed alternative as set forth in (b) through (d) below. A portion of the reduction requirements for nitrogen and phosphorus may be met through off site measures or payments as set forth in 70 -741. TABLE 2 NUTRIENT EXPORT LOAD LIMITS Project Location Export Limit lbsiacrelyear Nitrogen Phosphorus Jordan Basin 2.2 0.82 Falls Basin 2.2 0.33 Lower Neuse Basin 3.6 not required Sec. 70-741 (a) On site nutrient treatment requirements. Nitrogen and phosphorus reduction requirements may be met, in part, through offsite management measures or the purchase of nutrient credits. At a minimum, however, in the Jordan and Falls Basins a percentage of the required nitrogen and phosphorus reductions must be achieved through onsite treatment, in the amount shown in Table 4 below. In addition to meeting the percentage reductions below, in the Jordan and Lower Neuse Basins, nitrogen export load from the site must not exceed 6 lbs. per acre per year for Limited Residential, and and 10 Ibs per acre per year for Multifamily and Other. (Note: offsite credit purchases do not meet TSS removal requirements, which must be met onsite.) I TABLE 4 ONSITE NUTRIENT TREATMENT REQUIREMENTS 1 Project Jordan - General Falls - General Fails and Jordan within Downtown Area Minimum Onsite Nutrient Treatment *40% of required reduction *50% of required reduction *30% of required reduction Version 1, March 6, 2013 *40% of required reduction *50% of required reduction *30% of required reduction and Jordan exceeding holds but with less than 1 •30% of required '30% of required land disturbance I reduction I reduction Nauss No percentage reductions apply, but the 6/10 nitrogen export limit described in paragraph (a) above must be met No percentage reductions apply, but the 6/10 nitrogen export limit described in paragraph (a) above must be met 'The "required reduction" is the difference between the post development loading in pounds per acre per year multiplied by the site area in acres before treatment minus the loading target, in pounds per acre per year multiplied by the acres. The percentage shown in the chart above is applied to that difference and the resulting number is the amount in pounds/year of nutrient reduction that must be achieved onsite. CALCULATIONS - ENTER VALUES IN YELLOW CELLS Nitrogen Untreated Loading Rate (lbs/ac/ ) Untreated Loading Rate (lbs/ac/yr) Treated Loading Rate (lbs/ac/yr) Load Rate Target (lbs/ac/yr) Reduction Needed (lbs/ac/yr) 7.18 5.00 2.2 2.80 Phosphorus Untreated Loading Rate (lbs/ac/ ) Treated Loading Rate (ibs/ac/yr) Load Rate Target (Ibs/ac/yr) Reduction Needed Ibs/ac/yr 1.16 0.78 0.82 500 ONSITE CALCULATIONS - ENTER VALUE IN YELLOW CELLS BASED ON TABLE 4 Onsite Reduction Required ( %) Required Onsite Reduction Achieved? Nitrogen Phosphorus 40 YES YES In the Jordan and Lower Neuse Basins, the nitrogen export load from the site does not exceed 6 ib /ac/yr for Limited Residential, or 10 ib /ac/yr for Multifamily TRUE and Other. Version 1, March 6, 2013 Alterative percentage reduction option for Redevelopment that increases impervious area ORDINANCE REQUIREMENTS Sec. 70 -740. (b) Alternative percentage reduction option for Redevelopment that increases impervious area. As an altemative to meeting the load reductions described in (a) above, Redevelopment not exempt under 70 -739 that increases impervious area may reduce the pre - development nutrient load from the entire project site for nitrogen and phosphorus by the percentage shown in Table 3 below. The pre - development nutrient load is calculated as of the Applicable Baseline Date and load reductions already achieved shall be credited. TABLE 3 PERCENTAGE REDUCTION OPTION FOR REDEVELOPMENT. Project Location Percent Reduction from Pre -Dev Load Nitrogen Phosphorus Jordan 35% 5% Falls 40% 77% Lower Neuse 30% Not applicable CALCULATIONS - ENTER VALUES IN YELLOW CELLS Nitrogen Pre -Dev Loading Rate* (Ibs /ac/yr) Pre -Dev Loading Rate* (Ibs / ac/yr) Treated Loading Rate (Ibs / ac/yr) Load Rate Target (Ibs / ac/yr) Reduction Needed (Ibs /ac/yr) YES 0.00 0.00 NONE Phosphorus Pre -Dev Loading Rate* (Ibs /ac/yr) Treated Loading Rate (Ibs / ac/yr) Load Rate Target (Ibs / ac/yr) Reduction Needed (Ibs / ac/yr) YES YES 0.00 NONE * As of the Applicable Baseline Date. ONSITE CALCULATIONS - ENTER VALUE IN YELLOW CELLS BASED ON TABLE 4, above Onsite Reduction Required ( %) Required Onsite Reduction Achieved? Nitrogen Phosphorus YES YES In Jordan and Lower Neuse Basins, the nitrogen export load from the site does not exceed 6 Ib /ac/yr for Limited Residential, or 10 Ib /ac/yr for Multifamily and TRUE Other. Version 1, March 6, 2013 Alternative Percentage Reduction Option for Redevelopment that does not Increase Impervious Area ORDINANCE REQUIREMENTS Sec. 70 -740. (c) Alternative percentage reduction option for Redevelopment that does not increase impervious area. Redevelopment not exempt under 70 -739 that is outside the Downtown Area and does not increase impervious area shall reduce pre - development nutrient load, calculated as of the Applicable Baseline Date, by 10% if reductions are achieved onsite, and by 15% if reductions cannot be entirely achieved onsite. CALCULATIONS - ENTER VALUES IN YELLOW CELLS Nitrogen Pre-Dev Loading Rate* (lbs/ac/yr) Pre-Dev Loading Rate* (Ibs / ac/yr) Treated Loading Rate (Ibs / ac/yr) Load Rate Target (Ibs / ac/yr) Draft Reduction Needed (lbs/ac/yr) Ibs /ac/yr 0.00 0.00 none Phosphorus Pre-Dev Loading Rate* (lbs/ac/yr) Treated Loading Rate (lbs/actyr) Load Rate Target (Ibs / ac/yr) Draft Reduction Needed (Ibs / ac/yr) % Ibs /ac/yr 0.00 none * As of the Applicable Baseline Date. Draft Reduction Needed ( %) Nitrogen Phosphorus 10 10 Is N reduced by at least 10 %? YES Is P reduced by at least 10 %? YES If either N or P is not reduced by at least 10% on site, a 15% reduction is required for both. Final Reduction Required Nitrogen Phosphorus % Ibs/ac/yr % Ibs /ac/yr 10 NONE 10 NONE Alternative for Low Impact Development in Falls Basin ORDINANCE REQUIREMENTS Sec. 70 -740. (d) Altemative for low impact development in Falls basin. Development in the Falls Basin will be considered compliant with the nutrient reduction obligations of this Section 70 -740 if it demonstrates that it meets the post development hydrologic criteria set forth in Chapter 2 of the North Carolina Low Impact Development Guidebook dated June of 2009, as it may be amended from time to time. ❑ This development meets the post - development hydrologic criteria in Chapter 2 of the North Carolina Low Impact Development Guidebook dated June 2009, as amended. NO NUTRIENT OFFSET REPORT IS NEEDED WITH THIS ALTERNATIVE. Version 1, March 6, 2013 AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and TOWN OF CARY The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: 1. Ashton Raleigh Residential, LLC has deposited monies with the Sponsor sufficient to acquire 971.90 lbs of Delivered Nitrogen bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its Carpenter Grove project (12 -SB -003). 2. The Carpenter Grove project requires a total of 971.90 lbs of Delivered Nitrogen Mitigation lbs /Credits from the Cape Fear River Basin HUC 03030002060140 as part of its mitigation. Of this amount 971.90 lbs of Delivered Nitrogen Credits are being provided by the Carl Lloyd Nutrient Bank Site. 3. The Sponsor has deducted 971.90 Delivered Nitrogen Mitigation lbs/Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC BY: n2.dL.. k Matthew Fisher, Authorized Agent Date: 05/02/2013 March 7, 2013 Landon Lovelace Underfoot Engineering Inc. PO Box 37781 Raleigh, NC 27627 ENGINEERING DEPARTMENT Subject: Authorization for Carpenter Grove 12 -SB -003 to seek offsite nutrient credits This letter confirms our receipt and review of the stormwater plan you provided for the subject development. Our review confirms that your development has not met the target loading rate of 2.2 Ibs N /ac /yr and 0.82 Ibs P /ac/yr for the Jordan Nutrient Strategy. You have, however met the thresholds that allow you to buy down the remainder of your nutrient load offsite. Provided on the second page of this letter is a table characterizing your development project. As indicated on this table, you need to purchase an additional 971.9 Ibs N and 0 lbs P to achieve the loading rate targets and satisfy your nutrient requirements for this site. When you have purchased the remaining nitrogen and phosphorous credits, please provide us with a copy of the credit purchase certificate. Please be aware that the above referenced plan will not receive a grading permit until the Town of Cary obtains receipt of payment from the NC DENR EEP or an approved private mitigation bank. Sincerely, 01_� Matt Flynn Stormwater Field Services Administrator TOWN Of CARY 318 North Academy Street -Cary, NC 27513-PO Box 8005 -Cary, NC 27512 -8005 tel 919- 469 -4030 - fax 919 - 460 -4935 www.townofcary.org Jordan Lake Developer Nutrient Reporting Form Please complete and submit the following information to the local government permitting your development project to characterize it and assess the need to purchase nutrient offsets. Contact and rule implementation information can be found online at http: // )ortal.ncdenr.org/web/WQ/Dslnps/­nutrientoffsetintro. � PROJECT INFORMATION (for Jordan Lake) Applicant Name. KaLiz(c.►+ Project Name: 2 R-K �v� u• �.t ) Project Address (if available): Street: City/Town: County: Date: (mo/dtyr) Project Lilt: (decimal degrees) Long: (decimal degrees) Z 1.4 1 13 Location : s 3 V S Is this Redevelopment? ❑ - Yes FD--- No Development Type (Please check alt that apply) Impervious Cover ( %): ❑ Commercial Mixed -Use � . �; ❑ Single Fam. Residential (Pre- Construction) ❑ Industrial ❑ Duplex Residential I ❑Multi-Fam. Residential Impervious Cover ( %): ❑ Institutional (Post - Construction) 3 . JVKVAN WATERSHED INFORMATION Small Watershed ID (6 digits): (See next page or online mao ) 6(,0140 Jordan Subwatershed (Please check one) New Development Load Requirements (See individual rules for a full descrlptfon of nutrient requirements) Loading Rate Targets Offsite Thresholds Nitroaan (NI A Phncnhnn,c r0% Authorizing Local Government Name: Staff Name: 411 Staff Email: 6 N Ibs/ac Residential; 10 N Ibs/ac Commercial (must meet aft onsrte treatment requirements) (H) State Buy Down Amount pbs) D•E•F•G L) 7 I.1 (H) State Buy Down Amount pbs) D•E•F•G -4p-r Flow Control Method 3 )a (`r -?."') ( Phone: I 919-- yeq- w i / 'AUVIent Load Reporting Form. September 12, 2012 Upper New Hope 2.2 N Ib /ac/yr 0.82 P lb/actyr ❑ Lower New Hope 4.4 N Ib /ac/yr 0.78 P Ib/ac/yr NUTRIENT OFFSET REQUEST(Must meet the offsite thresholds — see above) Nitrogen Loading / Offset Needs (A) (B) (C) (D) (E) (F) (G) Untreated Loading Rate Treated Loading Rate Loading Rate Target Reduction Need ("Wectyr) Project Size (ac) offset Duration Delivery (lbstaclyr) (Ibs/ac/yo (Ibsfac/yr) (yrs) Factor (%) 8 -C 4 -tZ �i Z•ZJ I•�tl L ").:,'3 30 0 -t� 1 Phosphorus Loading I Offset Needs (A) (B) (C) (D) (E) (F) (G) Untreated Load Rate Treated Load Rate Loading Rate Target Reduction Need (lbs/ac/yr) Project Size (ac) Offset Duration Delivery ( r4r) pbstaclyr) (lbs/aclyr) (yrs) Factor ( %) B - C 3 ( o .45 0 - 13 Z -�- 7-7•o-i 30 Control of Peak Stormwater Flow (1 year 24 hour design storm) Calculated Predevelopment Peak Flow -7 Calculated Post Development Peak Flow 4e- %. ,r-C. `7. S9 S Authorizing Local Government Name: Staff Name: 411 Staff Email: 6 N Ibs/ac Residential; 10 N Ibs/ac Commercial (must meet aft onsrte treatment requirements) (H) State Buy Down Amount pbs) D•E•F•G L) 7 I.1 (H) State Buy Down Amount pbs) D•E•F•G -4p-r Flow Control Method 3 )a (`r -?."') ( Phone: I 919-- yeq- w i / 'AUVIent Load Reporting Form. September 12, 2012 AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and CITY OF DURHAM The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: City of Durham has deposited monies with the Sponsor sufficient to acquire 194.40 lbs of Generated Nitrogen bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its Southside Revitalization II project in Durham, NC, City Planning #D1200296. 2. The Southside Revitalization H project requires a total of 194.40 lbs of Generated Nitrogen Mitigation lbs/Credits from the Cape Fear River Basin HUC 03030002060120 as part of its mitigation. Of this amount 194.40 lbs of Generated Nitrogen Credits are being provided by the Carl Lloyd Nutrient Bank Site. 3. The Sponsor has deducted 194.40 Generated Nitrogen Mitigation lbs /Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC By. m.,r6l,. kA-�, Matthew Fisher, Authorized Agent Date: 05/09/2013 DURHAM Southside Revitalization II Local Government: CITY OF DURHAM Local Government Transaction Number: Department of Public Works Basin: Stormwater Services HUC Code 101 City Hall Plaza I Durham, NC 27701 Nitrogen Loadin to be Offset 919.560.43261 F 919.560.4316 1 8 6 9 www.durhamnc.gov MY OF fAMCM 194.40 lbs March 6, 2013 Via E -mail Mr. Richard Valzonis Sr. Project Manager City of Durham Department of Community Development 807 E. Main St. Bldg. 2, Ste. 200 Durham NC 27701 Richard. Valzonisna.durhamnc.gov RE: Capefear River Basin (Jordan) Nutrient Management Strategy Payment for Southside Revitalization II PIN: 0821 -16 -84 -2373; PID:119455 Durham City/County Planning Department Case Number: D1200296 Dear Mr. Valzonis: This letter is to serve as notice that proof of purchase is due for the nitrogen credits to be purchased for the above referenced project in compliance with the City of Durham's Stormwater Performance Standards for Development. Project Name: Southside Revitalization II Local Government: City of Durham Local Government Transaction Number: D1200296 Basin: Ca efear HUC Code 03030002060120 Nitrogen Loadin to be Offset 185.10* lbs Additional Nitrogen Loading to be Assigned to the City of Durham if nutrient bank is not within City limits 185.10 lbs x 5% = 9.30 lbs Total Nitrogen Offset to be Purchased 194.40 lbs Phosphorus Loading to be Offset N/A Additional Phosphorus Loading to be Assigned to the City of Durham if nutrient bank is not within City limits N/A Total Phosphorus Offset to be Purchased I N/A Durham — Where Great Things Happen DURHAM CITY OF DURHAM Department of Public Works Stormwater Services 101 City Hall Plaza I Durham, NC 27701 919.560.43261 F 919.560.4316 1 8 6 9 www.durhamnc.gov CITY OF MOM *Using Site HUC code 03030002060120 that has a transport factor of 69.48% for TN and 63.39% for TP; Mitigation bank has a transport factor of a 40.32 %. Please send a copy of the proof of purchase to the following address: City of Durham Public Works Department 101 City Hall Plaza 3rd Floor City Hall Durham, NC 27701 c /o: Raghavenderrao Badami, PE, CFM raghavenderrao .badami(a,durhamnc.gov Also, the nutrient bank will need to furnish us with a copy of their credit ledger showing that these credits have been deducted from the bank's remaining available credits. The ledger should provide a breakdown for the Nitrogen Loading to be Offset for the project and additional Nitrogen Loading (if any) to be Assigned to the City of Durham if nutrient bank is not within City limits. You must comply with any other state or federal mitigation requirements for this project. This letter only deals with the nitrogen credits to be purchased for the above referenced project (Site plan Case # D1200296) in compliance with the City of Durham's Stormwater Performance Standards for Development. If you have questions concerning any aspect of the above, please feel free to call me at (919) 560 -4326, or email me at rap havenderrao .badami(a)durhamnc.pov Sincerely, Raghavendena a o Badami Raghavenderrao Badami, PE, CFM Civil Engineer Durham — Where Great Things Happen AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and CITY OF DURHAM The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: Ticon Properties LLC has deposited monies with the Sponsor sufficient to acquire 371.28 lbs of Delivered Nitrogen bank credits and 13.93 lbs of Delivered Phosphorus bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its Hamilton Centre II project, Department Case No. D1200063. 2. The Hamilton Centre II project requires a total of 371.28 lbs of Delivered Nitrogen Mitigation Credits and 13.93 lbs of Delivered Phosphorus Mtigation Credits from the Cape Fear River Basin HUC 03030002060120 as part of its mitigation. Of this amount 371.28 lbs of Delivered Nitrogen and 13.93 Delivered Phosphorus Credits are being provided by the Carl Lloyd Nutrient Bank Site. 3. The Sponsor has deducted 371.28 Delivered Nitrogen Mitigation lbs /Credits and 13.93 Delivered Phosphorus Mitigation lbs /Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC By: 444 &�� Matthew Fisher, Authorized Agent Date: 05/13/2013 Copies: Jennifer Buzun, City of Durham, Storm Water Public Works -- Third Floor 101 City Hall Plaza Durham, NC 27701 DURHAM Nitrogen Phosphorus CITY OF DURHAM 353.60 Department of Public Works Additional loading to be assigned to the City of Durham Stormwater Services 0.66 101 City Hall Plaza I Durham, NC 27701 919.560.43261 F 919.560.4316 1 8 6 9 www.durhamnc.gov (W Of MEDM June 24, 2011 Sent via e-mail Mr. Neil Allen Horvath Associates 16 Consultant Place, Suite 201 Durham, NC 27707 neii.allen @horvathassociates.com RE: Authorization to Seek Mite Nutrient Credits for Hamilton Centre II PIN: 0718 -01 -18 -2606, -1854 Durham City /County Planning Department Case Number: D1200063 Dear Neil: This letter confirms Stormwater Services' receipt and review of the site plan you provided for the subject development. Per the provided sealed Stormwater Impact Analysis, your development has met the following target loading rate(s) for the Jordan Lake Nutrient Strategy using a combination of minimum onsite treatment and purchase of nutrient credits, as allowed by Sec 70-741 of the City's Stormwater performance Standards: • 2.2 Ibs N /ac /yr • 0.5 Ibs P /ac /yr Attached to this letter is a Nutrient Reporting Form documenting: • The alternative used by this project to comply with the Durham Stormwater Performance Standards for Development, • Whether the minimum on -site treatment required for the project has been be met, and • The additional pounds of nutrients that must be purchased to achieve the loading rate targets mentioned above. You need to purchase the following additional pounds of credit to achieve the loading rate targets and satisfy your nutrient requirements for this site: Durham — Where Great Things Happen Nitrogen Phosphorus Loading to be offset (Ibs) as delivered to Jordan Lake 353.60 13.27 Additional loading to be assigned to the City of Durham 17.68 0.66 if nutrient bank is not within City limits (Ibs) as delivered to Jordan Lake Durham — Where Great Things Happen DURHAM CITY OF DURHAM Department of Public Works Stormwater Services 101 City Hall Plaza I Durham, NC 27701 919.560.43261 F 919.560.4316 1 8 6 9 www.durhamnc.gov CRY Of Please send a copy of the proof of purchase to the following address: City of Durham Public Works Department 101 City Hall Plaza 3rd Floor City Hall Durham, NC 27701 c /o: Jennifer Buzun iennifer.buzun @durhamnc.eov Also, the nutrient bank will need to furnish us with a copy of their credit ledger showing that these credits have been deducted from the bank's remaining available credits. The ledger should provide a breakdown for the nitrogen and phosphorus loadings to be offset for the project and additional nitrogen and phosphorus loadings (if any) to be assigned to the City of Durham if the nutrient bank is not within City limits. Note that development in the Falls Lake Basin must use nutrient banks located in the upper Falls Lake portion of the Falls Lake Basin — the portion that is north and /or west of Highway 50. You must comply with any other state or federal mitigation requirements for this project. This letter only deals with the nitrogen and phosphorus credits to be purchased for the above referenced project (Site plan Case # D1200063) in compliance with the City of Durham's Stormwater Performance Standards for Development. If you have questions or need clarification concerning any aspect of this matter, please feel free to call me at (919) 560 -4326, extension 30292, or email me at iennifer.buzun @durhamnc.sov . Sincerely, i ttA- Jennifer Buzun, P.E. Civil Engineer III Attachment: CITY OF DURHAM Neuse, Falls Lake and Jordan Lake Developer Nutrient Reporting Form Durham - Where Great Things Happen DURHAM CITY OF DURHAM Neuse, Falls Lake and Jordan Lake Developer Nutrient Reporting Form Please complete and submit the following information to the City of Durham Stormwater Services to 1 8 6 9 characterize your project and assess the need to purchase nutrient offsets. See the MY OF M04C4'a City Stormwater Performance Standards. For nutrient offset information, see nutrient offset intro PROJECT INFORMATION Applicant Name : Ticon Properties, Inc Prepared by Horvath Associates, PA Project Name (& Previous name, if applicable): Hamilton Centre II Site Plan #: D1200063 Project Address (if available): Street: 7010 NC Hwy 751 City/Town: Durham County: Durham 7010 NC Hwy 751, Durham, NC Durham County Date: (mo/d/yr) 4/812013 Project Locat'n: Let: (dec. degrees) 135.916611 7 Long: (dec. degrees) 178.950000 PIN /PID #s: 10718-01-18-2606, -1854 Is this Redevelopment? ❑ Yes El No Development Type (Please check all that apply) Impervious Cover ( %) Pre - Construction: 13.46 0 Commercial ❑ Duplex Residential ❑ Industrial ❑ Single - Family Residential ❑ Institutional ❑ Multi- Family Residential Mixed Use Impervious Cover ( %) Post - Construction: 56.62 WATERSHED INFORMATION (See online map or anemative source for 12 -digit and &digit IDs) ❑ Upper Falls Basin, 12 -digit Watershed ID: ❑ Lower Falls Basin, 12 -digit Watershed ID: ❑ Neuse /Outside of Falls Basin, 03020201 03020201 0 Jordan Lake (Upper New Hope) 6 -digit Small 060120 Watershed ID: Jordan Lake Delivery Factors ( %) N/b>Dgen Phosphorus Site: Bank: Site: Bank: 69.00 1 40.32 63.00 18.66 Name of Bank Name of Bank Carl Lloyd /EBX Carl Lloyd /EBX Neuse/Falis Lake Delivery Factors: There are no delivery factors, so the Delivery Factor = 1. DURHAM STORMWATER PERFORMANCE STANDARDS FOR DEVELOPMENT COMPLIANCE ALTERNATIVE Nutrient loading limits and on -site treatment minimum (Sections 70- 740(a) and Sections 70- 741(a)) Off -site treatment threshold ( %): N: 1 40 P: I 40 Required on -site reduction achieved? N: YE P: IYES NUTRIENT OFFSET REQUEST (Must meet the offsite thresholds — see above) Nitrogen Loading / Offset Needs (For the Jordan, Falls, and Neuse/Outside of Falls Watershed areas) (A) (B) (C) (D) (E) (F) (G) (H) (1) (where Applicable) 0) Untreated Loading Rate (lbs/ac/yr) Treated Loading Rate (lbs/ac/yr) Load Rate Target (lbs/ac/yr) edn (ibs/a /t r) (from compi. worksheet) Project Size (square feet) offset Duration (yrs) Site Delivery Factor State Buy Down Amount (Ibs) D' E' F' G Additional 5% If bank not in City limits (lbs) Total (lbs) H + I 9.76 5.85 2.20 1 3.65 203,861 30 0.69 353.60 17.68 371.28 Phosphorus Loading / Offset Needs (For the Jordan and Falls Watershed areas) (A) (B) (C) (D) (E) (F) (G) (H) (1) (where Applicable) (J) Untreated Loading Rate (ibs/aclyr) Treated Loading Rate I (Ibslac/yr) Load Rate Target (lbs/ac/yr) wed (ibs/aGlyr) (from compl. worksheet) Project Size (square feet) offset Duration (yrs) Site Delivery Factor State Buy Down Amount (Ibs) D • E • F' G Additional 5% If bank not in City limits (lbs) Total (IDs) H + 1 1.04 1 0.65 0.50 0.15 203,861 30 0.63 13.27 0.66 13.93 Responsible Professional Engineer's Name: IMatt Jones, P.E. PE 0: 39170 Staff Name: lienriffer Buzun Staff e-mail: iennifer.buzuntZDdurhamnc.faov Phone#: 919 - 560 -4326 Version 2 DRAFT, March 28,2013 AFFIDAVIT OF CREDIT SALE CAPE FEAR NUTRIENT BANK -CARL LLOYD SITE TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY (DWQ) and TOWN OF CHAPEL HILL The undersigned, EBX -EM, LLC, the Sponsor of the Cape Fear Riparian Buffer and Nutrient Umbrella Bank (the "Bank "), hereby certifies the following: 1. Kairys Group, Inc. has deposited monies with the Sponsor sufficient to acquire 75.34 lbs of Delivered Nitrogen bank credits and 4.38 lbs of Delivered Phosphorus bank credits (the "Credits ") from the Carl Lloyd Nutrient Bank Site for use on its North Columbia Duplexes project in Chapel Hill, NC. 2. The North Columbia Duplexes project requires a total of 75.34 lbs of Delivered Nitrogen Mitigation Credits and 4.38 lbs of Delivered Phosphorus Mitigation Credits from the Cape Fear River Basin HUC 03030002060100 as part of its mitigation. Of this amount 75.34 lbs of Delivered Nitrogen and 4.38 Delivered Phosphorus Credits are being provided by the Carl Lloyd Nutrient Bank Site. 3. The Sponsor has deducted 75.34 Delivered Nitrogen Mitigation lbs /Credits and 4.38 Delivered Phosphorus Mitigation lbs/Credits from the Bank's credit ledger from the Carl Lloyd Nutrient Bank Site A copy of the Carl Lloyd Nutrient Mitigation Site credit ledger reflecting the above transaction is attached to this Affidavit. EBX -EM, LLC BY: hn"4 4A, Matthew Fisher, Authorized Agent Date: 05/13/2013 April 19, 2013 STORMWATER MANAGEMENT DIVISION 405 Martin Luther King, Jr. Blvd. Chapel Hill, NC 27514 -5705 Telephone (919) 969 -7246 Fax (919) 969 -7276 www.townofchaaelhill.orq Shawn Donovan 721 Mt. Carmel Church Rd. Chapel Hill, NC 27517 Subject: Authorization for North Columbia Duplexes to seek offsite nutrient credits This letter confirms our receipt and review of the stormwater plan you provided for the subject development. Our review confirms that your development has not met the target loading rate of 2.70 Ibs N/ac/yr and 0.84 Ibs P /ac/yr for the Jordan lake Nutrient Strategy. You have, however met the thresholds that allow you to buy down the remainder of your nutrient load offsite. Provided on the back of this letter is a table characterizing your development project. As indicated on this table, you need to purchase an additional 2.51 Ibs N/ac/yr and 0.16 Ibs P /ac/yr to achieve the loading rate targets and satisfy your nutrient requirements for this site. When you have purchased the remaining nitrogen and phosphorus reduction credits, please provide us with a copy of the credit purchase certificate. Thank you, �. Christopher Jensen, P.E., CFM Stormwater Management Engineer Cc: Steve Addy, P.E., SGI Technical Services Jordan Lake Developer Nutrient Reporting Form (Note: A separate form is available for Neuse, Tar - Pamlico, and Falls Lake reporting.) Please complete and submit the following information to the local government permitting your development project to characterize it and assess the need to purchase nutrient offsets. Contact and rule implementation information can be found online at http: /lportal.ncdenrmrgLweb/w Wnos/nutrientoffsetintro. PROJECT INFORMATION (forJardan take) Applicant Name: North Columbia Duplexes, LLC 721 ML Carmel Church Rd., Chapel Hill, NC 27517 Project Name: North Columbia Duplexes Project Address ff evaf/abte): Street City town: County: North Columbia and Longview Streets, Chapel Hill, Orange County Date: (m*W Project Lat: (decknal degrees) I Long: (deamal degrees) 04/17113 Location: N 35.920720 W 79.058420 Is this Redevelopment? - Yes Development Type (Please dtedr all that app ly - No Impervious Cover M: 23% Commercial Mixed -Use Single Fam. Residential (Pre- Corrstrt C11" Industrial Institutional Duplex Residential Muitl -Far. Residential Impervious Cover (96): 40% (Foost- Conshcftn) JORDAN WATERSHED INFORMATION Small Watershed ID (8 digits): (See nextpage croMine mac.) New Development Load Requirements (See /ndWual noes 060100 for a tuft description of nutrient requirements) Jordan Subwatershed (Please chedt one) Loading Rate Targets Oflsite Thresholds Nftmaen M 8 Phosphorus P ❑ Haw River 3.8 N Ib/ac/yr 1.43 P Ib/actyr 6 N Ibs/ac Residential; Upper New Hope 2.2 N Ib/ac/yr 10 N Ibs/ac Commercial 0.82 P Ib/acJyr (must meet alt crane beatrnent requirements) 13 tower New Hope 4.4 N Iblac/yr 0.78 P Iblat:/yr NUTRIENT OFFSET REQUEST(miw meet um olfsite tbeshards —see above) Nitrogen Loading ! Offset Needs (A) lei (C) (D) (E) (F) (G) 04i (0 (WheJe et Untreated Treated LM" Rate Reduction Need Project offset Delivery State Buy Down Local Govt Buy Down Loading Rate Loading Rate Target Mslac" Size (ec) Duration (yre) pastor(%) Amount (lbs) Amount (lbs) MWW44 MW8*4 0� B -C D•E•F•G 6.57 5.21 2.70 2.51 1.45 30 0.69 75.34 Phosphorus Loading / Offset Needs (A) (e) (C) (D) (E) (F) (G) M (9 (Wfere Appliceble) Unl Bated Treated loading Rate Reduction Need Project offset Delivery State Buy Down Local Govt Buy Down Load Rate Load Rate Target (Ibs180" Size (ec) Duration (yrs) Factor ( %) Amount pbs) Amount (ms) Qt r) fir) ObsiaMyr) B - C D • E ' F • G 1.36 1.00 0.84 0.16 1.45 30 0.63 4.38 Authorizing Local Government Name: Staff Name: Staff Email: C' eh VA Phone: III � 9 & 9 ' 72 33 v r •v✓ in.d.... M.." —# 1 ....d Du......:w.. R...... 11 IA19