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HomeMy WebLinkAbout20191692 Ver 4_Signed Raleigh Farm UMBI_20211020DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director TO: Danny Smith Director FROM: Katie Merritt Nutrient Offset & Buffer Banking Coordinator Iv/i tlai NORTH CAROLINA Environmental Quality October 19, 2021 THROUGH: Paul Wojoski Supervisor - 401 & Buffer Permitting Branch SUBJECT: Division Approval of the Raleigh Farm Umbrella Mitigation Banking Instrument for Nutrient Offset and Riparian Buffer Mitigation Credits pursuant to the Neuse River Basin Nutrient Management Strategy for Restoration Systems, LLC. The attached final Umbrella Mitigation Banking Instrument (UMBI) between Restoration Sytems, LLC and the Division of Water Resources was placed on public notice and made available for public comments on September 28, 2021. The public comment period ended on October 15, 2021 and no comments were received on the draft UMBI. DEQ Legal counsel assisted with and agrees with the final template for which all our UMBI documents are drafted from. I have reviewed the attached UMBI and it is ready for your approval. Please sign on page 19 and return the document to me for final execution. 1:tE NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD AGREEMENT TO ESTABLISH THE RALEIGH FARM UMBRELLA MITIGATION BANKING INSTRUMENT IN THE NEUSE RIVER BASIN FOR NUTRIENT OFFSET AND RIPARIAN BUFFER CREDITS PURSUANT TO THE NEUSE RIVER BASIN NUTRIENT MANAGEMENT STRATEGY TABLE OF CONTENTS I. PREAMBLE 3 II. LOCATION AND GEOGRAPHIC SERVICE AREA 3 III. AUTHORITIES 4 IV. ESTABLISHMENT OF BANK PARCELS 4 V. PRE -CONSTRUCTION DOCUMENTATION 7 VI. POST CONSTRUCTION DOCUMENTATION FOR EACH BANK PARCEL 9 VII. CALCULATION OF Credits 12 VIII. CREDIT RELEASE SCHEDULE FOR EACH BANK PARCEL 14 IX. PROCEDURE FOR DEBITING AND CREDITING FOR EACH BANK PARCEL 15 X. BANK PARCEL CLOSURE 17 X 1. GENERAL PROVISIONS FOR EACH BANK PARCEL 17 1 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD ATTACHMENTS A — Division of Water Resources Authority Document B — Ledger Templates C — Project Credit Table (example) REFERENCES 1. Nutrient Offset Payment Rule: http://reports.oah.state.nc.us/ncac/title%2015a%20- %20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20b/ 15 a%20ncac%2002b %20.0703 .pdf 2. Riparian Buffer Mitigation Rule: http://reports.oah.state.nc.us/ncac/title%2015a%20- %20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20b/ 15 a%20ncac%2002b %20.0295.pdf 3. GS 143-214.26. Nutrient offset credits: https://www.ncleg.net/enactedlegislation/statutes/pdf/bysection/chapter 143/gs_143- 214.26.pdf 4. Buffer Interpretation/Clarification #2008-019 for diffuse flow: https://files.nc. gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401 Buffer %20Clarification%20Memos/Diffuse-Flow-for-Buffer-Mitigation-Sites-Buffer- Clarification-Memo-20080819.pdf 5. Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits (November 2019): https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401 /Mitiga tion/Issues---Resolutions-Ver-1.0-buffer-mitigation-nutrient-offset.pdf 6. NCDWR — Methodology and Calculations for Nutrient Reductions on the Bank Parcels: https://files.nc.gov/ncdeq/Water%20Quality/Planning/NPU/Nutrient%20Offset%20Rule/ Ag-Buffer-Credit.pdf 2 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD I. PREAMBLE This Umbrella Mitigation Banking Instrument ("Instrument") regarding the establishment, use, operation, and maintenance of two Nutrient Offset and Buffer Mitigation Bank Parcels to provide Neuse Riparian Buffer mitigation credits ("Riparian Buffer Credits") and Neuse Nutrient Strategy nutrient load reduction credit ("Nutrient Offset Credits") is made and entered into by and among Restoration Systems, LLC acting as the Bank Sponsor ("Sponsor"), and the North Carolina Department of Environmental Quality — Division of Water Resources ("DWR"). This Instrument is in accordance with 15A NCAC 02B .0703 and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, which became effective on April 1, 2020 and November 1, 2015 respectively, see references. This instrument covers two individual bank parcels/sites, Raleigh Farm Phase A and Raleigh Farm Phase B-C. The purpose of the Bank is: A. To restore enhance and preserve riparian vegetation adjacent to streams, ephemeral channels, in -line ponds, and/or agricultural ditches with the intent to improve water quality, reduce nutrient loads, enhance flood attenuation, and restore wildlife habitat along streams and/or water features within the Neuse River Basin (8-digit HUC 03020201). B. To convert agricultural land, including land currently being used for the application of bio- solids by the City of Raleigh wastewater treatment plant, within riparian areas adjacent to streams, ephemeral channels, in -line ponds, and/or agricultural ditches into a dense, hardwood vegetated state with the intent to significantly reduce nutrient loading, associated with agricultural practices, into streams and ditches. C. To provide Riparian Buffer Credits and Nutrient Offset Credits and sell or transfer any resulting Riparian Buffer Credits and/or Nutrient Offset Credits to third parties in the Neuse River Basin for development (both existing and proposed, or to offset NPDES-permitted wastewater nutrient sources, requiring such nutrient offsets). II. LOCATION AND 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/or Nutrient Offset Credits for impacts due to development activities. B. The Raleigh Farm Phase A Bank Parcel and the Raleigh Farm Phase B-C Bank Parcel are comprised of land in Wake County, NC, owned and managed by the City of Raleigh as part of their Neuse River Resource Recovery Facility (NRRRF), currently used for row crops and biosolids application under NCDWR Non -Discharge permit #WQ0001730. The project is located at 35.7957632, -78.6366464. The Bank Parcels are located below Falls Dam and is therefore not located within the Falls Lake Watershed. The Bank Parcels proposed under this Instrument occur on multiple parcels of land owned by City of Raleigh and are referred to as Raleigh Farm Phase A (77.07 acres), Raleigh Farm Phase B (33.94 acres), and Raleigh Farm Phase C (73.96 acres) in previous DWR correspondence. These lands are also part of the NRRRF Correction Action Plan issued by DWR on September 2, 2010. 3 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD C. The GSA for these Bank Parcels is limited to the Neuse River Basin in the State of North Carolina, United States Geological Survey ("USGS") 8-digit Hydrologic Unit Code ("HUC") 03020201, excluding the Falls Lake Watershed. D. Sale or transfer of Riparian Buffer Credits shall be limited to the 8-digit HUC 03020201 of the Neuse River Basin, excluding the Falls Lake Watershed unless otherwise authorized by the DWR or delegated local government in accordance with 15A NCAC 02B .0295. E. Sale or transfer of Nutrient Offset Credits shall be limited to the Neuse River Basin (8-digit HUC 03020201) excluding the Falls Lake Watershed in accordance with 15A NCAC 02B .0703 unless otherwise authorized by the DWR in accordance with G.S.143-214.26. F. Unnamed tributaries to the Neuse River and Beddingfield Creek are the receiving bodies of water for stormwater runoff from these bank parcels. The Neuse River is classified by DWR as Nutrient Sensitive Waters (NSW) and Class C Waters above the confluence with Beddingfield Creek and Class WS-V immediately below the confluence with Beddingfield Creek. III. AUTHORITIES A. The Bank will be used to provide Riparian Buffer Credit and/or Nutrient Offset Credit in accordance with the requirements in the DWR Authority document referenced 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 and any new approved North Carolina ("State") statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy. C. The selling of credits generated from the Bank Parcels approved under this Instrument shall be consistent with approved State statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy. D. Buffer mitigation and nutrient offset activities proposed under this Instrument and corresponding Bank Parcel Development Packages (BPDPs) to generate Riparian Buffer Credits and Nutrient Offset Credits shall be consistent with State statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy that are in place at the time a complete BPDP is submitted to DWR. IV. ESTABLISHMENT OF BANK PARCELS A. In accordance with 15A NCAC 02B .0295 and 15A NCAC 02B .0703, DWR has provided a "Site Viability Letter" for each of the Bank Parcels proposed under this Instrument. The Site Viability Letter is not an approval of the site to generate Riparian Buffer Credits and Nutrient Offset Credits but is a preliminary review of the Bank Parcel that details and confirms existing land -use conditions, defines the riparian zone sites (Enhancement, Preservation, or Restoration), and identifies features (streams, ditches, ponds, etc.) that meet general criteria to be suitable to generate Riparian Buffer Credits and Nutrient Offset 4 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD Credits. Table 1.0 below outlines when the Site Viability Letters were issued by NCDWR for the sites proposed under this Instrument: Table 1.0 — Site Viability Letter Details Bank Parcels DWR ID # * NC DWR Site Visit Viability Letters Received Viability Letters Expiration Date Raleigh Farm A 2019-1692v4 June 2 & 3, 2020 September 24, 2020 September 24, 2022 Raleigh Farm B 2019-1692v5 June 2 & 3, 2020 September 24, 2020 September 24, 2022 Raleigh Farm C 2019-1692v5 June 2, 2020 September 25, 2020 September 25, 2022 *Viability letters originally reference DWR ID# 2019-1692 vl for Raleigh Farm A, 2019-1692v2 for Raleigh Farm B, and 2019-1692v3 for Raleigh Farm C B. A valid Site Viability Letter is required prior to submittal of each BPDP. Site Viability Letters will either expire on the dates listed in the table above or upon the submittal of an individual As -Built Report to the DWR, whichever comes first. If a Site Viability Letter expires prior to submittal of a complete BPDP as described in Section V to DWR, then the Sponsor must submit a formal request to DWR for a new Site Viability Letter for that Bank Parcel. C. The two (2) Bank Parcels proposed for inclusion under this Instrument shall each require a Bank Parcel Development Package ("BPDP") be submitted to, and approved by, the DWR prior to use of the individual Bank Parcels for buffer mitigation and nutrient offset purposes or the sale or transfer of any associated credits. The contents of the BPDPs are provided in Section V. D. Each BPDP submitted under this instrument will be placed on public notice and made available for public commenting for 15 calendar days. E. In general, Riparian Buffer credit on these Bank Parcels may be achieved through restoration and/or preservation of DWR riparian buffers as they are defined in 15A NCAC 02B .0714, and other riparian areas as allowed per 15A NCAC 02B .0295(n) and (o) on the Bank Parcel. Riparian buffer credits are only attainable if the width of riparian areas are within at least 20 feet from tops of banks along streams and ephemeral channels and 30 feet from tops of banks along viable ditches when measuring perpendicular and landward from features. Riparian Buffer Credits are attainable to a maximum of 200 feet from tops of banks of streams and 50 feet from the tops of banks of viable ditches. The viability of features to generate riparian buffer credits is provided in the Site Viability Letters for the Bank Parcels and referenced in Table 1.0 of this instrument. F. The Bank Parcels are intended to provide Neuse River Basin Buffer Mitigation as follows: 5 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD 1. Planting hardwood trees on a Restoration Site as defined in 15A NCAC 02B .0295 (b) adjacent to viable streams. 2. Planting hardwood trees on a Restoration Site as defined in 15A NCAC 02B .0295 (b) adjacent to ephemeral channels as allowed in 15A NCAC 02B .0295 (o). 3. Planting hardwood trees on a Restoration Site as defined in 15A NCAC 02B .0295 (b) adjacent to in -line ponds as suggested in 15A NCAC 02B .0295 (o). 4. Maintaining a Preservation Site, as defined in 15A NCAC 02B .0295 (b) by placing a conservation easement around riparian areas along streams and ephemeral channels as allowed per 15A NCAC 02B .0295 (o). 5. Diffused flow will be maintained onsite to the maximum extent practicable. Where diffused flow is unattainable, the Clarification Memo (Reference #4) will be implemented. G. Nutrient Offset Credit may be achieved on the Bank Parcels through restoration or enhancement of the riparian areas adjacent to viable streams and viable ditches where agriculture or land being used for the application of biosolids are the predominant land use as determined by DWR on these Bank Parcel. The width of the riparian restoration and enhancement areas begins at the most landward limit of the top of bank or the rooted herbaceous vegetation of streams and ditches and extends landward a minimum of 50 feet and a maximum of 200 feet on all sides of the features. A conservation easement will be secured to include the tops of all channel banks and will extend out a maximum of 200 feet from the viable streams and viable ditches. The viability of features to generate nutrient offset credit is provided in the Site Viability Letters for the Bank Parcels and referenced in Table 1.0 of this Instrument. H. The Bank Parcels are expected to provide Nutrient Offset Credits as follows: 1. Converting current land use practices, where agriculture, including the land - application of biosolids are the predominate land uses, into non-agricultural land uses by placing a perpetual conservation easement around riparian areas along viable streams, viable in -line ponds, viable ditches and viable ephemeral channels in accordance with 15A NCAC 02B .0703 (g). 2. Planting hardwood trees or trees and shrubs on a Restoration Site as defined in 15A NCAC 02B .0295 (b) adjacent to viable streams, viable in -line ponds, viable ditches and viable ephemeral channels where agriculture has been determined by DWR to be the predominant land -use. I. The Bank Parcels' conservation easements are anticipated to incorporate approximate acreage as follows: 1. Raleigh Farm Phase A Bank Parcel — 77.07 acres 2. Raleigh Farm Phase B-C Bank Parcel — 107.9 acres 6 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD V. PRE -CONSTRUCTION DOCUMENTATION Bank Parcel Development Package A. Each BPDP submitted under this Instrument shall be submitted to DWR for review and must be approved by DWR prior to any construction on said Bank Parcel. The BPDPs must describe any changes that have occurred to the sites between the date of the Site Viability Letter and the date the BPDP was submitted to DWR. The BPDPs shall include detailed information consistent with the sections below concerning; 1) site location (8-digit HUC is required); 2) existing conditions with current photos; 3) proposed buffer mitigation and nutrient offset activities including a detailed vegetation plan; 4) monitoring and maintenance plans; 5) financial assurances; 6) A Project Credit Table (see Attachment C) showing associated buffer mitigation/nutrient credit calculations, which shall include credit generation, service area, and accounting as appropriate for each regulatory authority; 7) stream buffer determination letter from DWR, and 8) Site Viability Letter from DWR, 9) service area figure for each mitigation type, and 10) Confirmation from DWR Non - Discharge Branch, that land -application of bio-solids by the Permittee (City of Raleigh) within the proposed conservation boundaries can be suspended indefinitely; and 11) all pertinent information including but not limited to permitting, bank stabilization, culvert removal, installation of any utilities indirectly or directly affecting the Bank Parcel, endangered or threatened species, presence of historical sites and an Environmental Data Resources (EDR) report to evaluate environmental risk associated with the land proposed for the Bank. B. The Sponsor will obtain all applicable federal, state, and local documentation, permits, or authorizations needed to construct and maintain each Bank Parcel. This Instrument does not qualify as, or substitute for, such documentation, permit, or authorization. The Sponsor will ensure that the BPDPs and activities described in the BPDPs, will not result in non- compliance with the City of Raleigh's Residual Land Application Permit #WQ0001730 or any other permits affiliated with the property, including but not limited to, above -ground and underground utilities. C. Any restoration or enhancement activities or proposed construction within the riparian buffers and other riparian areas on the Bank Parcel to produce Riparian Buffer Credit and/or Nutrient Offset Credit must be approved by DWR in writing prior to implementation. The failure of the Sponsor to comply with this requirement may result in a revised or reduced credit release schedule. D. Requests for deviation from the approved BPDP must be submitted to DWR in writing. Written approval from the DWR must be received prior to implementing any deviation from the approved BPDP. Property Disposition & Long -Term Management E. Prior to the release of any credits, the Sponsor shall record permanent conservation easements at the Wake County Register of Deed's office that are sufficient to ensure 7 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD protection, operation and maintenance of restored riparian buffers and other riparian areas for the duration specified in the approved BPDP for each Bank Parcel. F. 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 and shall be approved by the DWR prior to the release of any credits. G. 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 DWR. H. The Sponsor agrees to transfer or assign the conservation easement and its interests in perpetuity to a qualified holder under NC General Statute ("GS") 121-34 et seq. and 170(h) of the Internal Revenue Code prior to DWR approval of the As -Built Report. The holder shall be a land trust or stewardship program that will hold and enforce the conservation easement and the interests in perpetuity. 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 DWR. A land trust must be certified under 501(c)(3) of the Internal Revenue Code. I. In the event 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. J. The Sponsor agrees the conservation easement approved by DWR will include language allowing for the continued monitoring of existing water quality wells and other devices to monitor and maintain water quality for compliance with the City of Raleigh's Non - Discharge permit WQ0001730, the permit's corresponding "Corrective Active Plan for the NRRRF" and any parts of 15A NCAC 02L .0107 (e) as applicable. Financial Assurances for Bank Parcel Development K. Following approval of each Bank Parcels' BPDP, the Sponsor shall provide Performance/Maintenance Bonds from a surety company that is rated no less than an "A-" as rated by A.M. Best, to construct each Bank Parcel in according with its approved BPDP. It is the Sponsor's responsibility to confirm that the surety company is rated no less than an "A-" with each annual bond renewal. L. The amount of each Performance Bond shall be 100% of the estimated cost for implementation of the riparian restoration, enhancement, preservation and other related activities for the construction of the Bank Parcel as described in the approved BPDP. No bond shall be less than $150,000.00 to cover construction costs. Each Bank Parcel will be bonded individually. M. Alternatively, in lieu of posting Performance Bonds, the Sponsor may elect to construct the Bank Parcel prior to the first credit release. 8 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD N. Once DWR has released all credits for completion of all the items listed below, then the Bank Sponsor will be released from its performance obligations under the performance bond required in Item K and L of this section: 1. Instrument and BPDP Approved by DWR, Conservation Easement Recorded, Financial Assurance Posted; 2. All Mitigation Activities, Earthwork, Planting and Installation of Monitoring Devices Completed and applicable permits obtained 3. As -Built Report as described in Section VI has been received by DWR; and 4. DWR has submitted a written approval of the As -Built Report O. To comply with this section, DWR must be the Obligee on all performance bonds. VI. POST CONSTRUCTION DOCUMENTATION FOR EACH BANK PARCEL As -Built Reports A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this Instrument and corresponding BPDP, to establish, maintain, and monitor Neuse Riparian Buffers or other riparian areas until Item B (1) and (2) of Section X have been satisfied. B. Within 30 calendar days after completing the establishment of the buffer mitigation and nutrient offset areas, the Sponsor will submit written notification to DWR documenting that all buffer mitigation and nutrient offset activities have been completed. Failure to submit written notification within 30 days may result in a modified credit release schedule or a delay in the issuance of credit releases. Notification shall include all the following: 1. Short summary of activities completed as required per the approved BPDP; 2. Figures representing all riparian restoration, riparian enhancement and riparian preservation activities where applicable; 3. Figures representing location of all monitoring plots installed; 4. Detailed planting plan- including type of species planted, density of species planted, and any modifications to the planting plan from what was approved in the BPDP; 5. Description of how the conservation easement boundaries were marked; and 6. Any major changes to the conservation easement boundary or to the amount of Riparian Buffer Credits and/or Nutrient Offset Credits from what was proposed in the approved BPDP C. The Sponsor will submit an as -built plan and report to the DWR for each Bank Parcel separately after completing the establishment of the riparian buffer mitigation and nutrient offset areas. The As -Built reports will describe any deviation from the approved BPDPs and will document the following: 9 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD 1. Riparian restoration and enhancement planting details, invasive species control, monitoring device locations, vegetation plot locations, photo point locations, as appropriate, other construction activities that were required in the BPDP, and confirmation that all boundary markers are installed. 2. Boundary Survey of the conservation easement area, signed and sealed by a licensed surveyor, including an inventory of the final mitigation areas in both square feet and acres as well as Riparian Buffer Credits and Nutrient Offset Credits. 3. As -built map of the buffer mitigation and nutrient offset areas showing where riparian restoration, enhancement and preservation were performed and any approved deviations to the Bank Parcel from what was approved in the BPDP. 4. Aerial map of the Bank Parcel showing the proposed areas for Riparian Buffer Credits and Nutrient Offset Credits that was included in the approved BPDP. Financial Assurances for Monitoring and Maintenance D. After completion of the riparian restoration and other construction activities on each Bank Parcel, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan as described in the approved BPDP and As -Built Report. Each Bank Parcel will obtain a separate Performance/Maintenance Bond. The Bonds must be from a surety company that is rated no less than an "A-" as rated by A.M. Best, and it is the Sponsor's responsibility to confirm that the surety company is rated no less than an "A-" with annual bond renewal. E. A Performance/Maintenance Bond shall be secured for each Bank Parcel each year for a minimum of five years, and until DWR has released all Riparian Buffer Credits and Nutrient Offset Credits to the Bank Sponsor. Upon DWR approval, the bonds may be lowered each year based on the adjusted cost to complete the monitoring. No bond shall be initially less than $100,000 to cover monitoring and maintenance costs. F. For each Bank Parcel, once DWR has released 100% of all credits for completion of all Bank Parcel milestones described in Table 2 of Section VIII, the Bank Sponsor can be released from its performance obligations under the performance bond required in "C-D" of this Section. G. To comply with this section, DWR must be the Obligee on all performance bonds. Monitoring and Maintenance Reports H. The Sponsor shall monitor each Bank Parcel as described in the BPDP until such time as DWR determines that the performance standards described below have been met. The monitoring period shall be a minimum of five consecutive years for each Bank Parcel. I. Performance Standards for Vegetation on each Bank Parcel: Native hardwood trees or native hardwood tree and shrub species should be planted at a density sufficient to provide 10 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD 260 stems per acre after five years. A minimum of four (4) native hardwood trees or four (4) native hardwood tree and shrub species must be planted. No one species shall be greater than 50% of the planted stems. A list of species for planting will be detailed in the BPDP for approval. Native hardwood tree volunteer species may be included to meet performance standards as determined by the DWR. J. A "stem" means a woody seedling, sapling, shrub or tree, no less than 10 centimeters in height and shall apply, on the Bank Parcels, to the minimum height that a planted tree or shrub shall be at initial planting. Volunteer stems that are less than 10 centimeters shall not be quantified and included in the annual vegetation data included with the monitoring reports K. If the performance standards of the vegetation are not met for an individual Bank Parcel, supplemental plantings may be required. Supplemental plantings will be utilized until the required densities have been achieved and maintained for five years. Bank Parcel maintenance, such as ensuring diffuse flow, managing invasive species, and pest control will be included in the BPDP. L. Monitoring Reports for Riparian Buffer Credit and Nutrient Offset Credit: Reporting criteria of the vegetation shall be based on the Carolina Vegetation Survey (CVS) — EEP Protocol for Recording Vegetation Level 2 Plot Sampling only version 4.0 or any updated versions of this protocol in place at the date of acceptance of the BPDP. The Sponsor shall submit an annual monitoring report for each Bank Parcel no later than December 31 of each year for a minimum of five consecutive years after the first full growing season for each Bank Parcel under this instrument. Vegetation data shall not be collected prior to late August of each year. This report will describe the conditions of the Bank Parcel, including an evaluation of the performance standards of the vegetation contained within the approved BPDP. Reports shall contain the following: 1. A U.S. Geological Survey map showing location of the Bank Parcel; 2. A detailed narrative with supporting photos summarizing the condition of the Bank Parcel along with any maintenance or remediation performed that year; and 3. A map, survey, or other figure showing locations of sampling plots, permanent photo points, location of transects, etc.; and 4. Monitoring data, including specific vegetative counts and height data showing that the trees or tree and shrub species planted are meeting performance standards and updated photographs; and 5. A copy of the most recent Bank credit/debit ledgers; and 6. Corresponding verification letters from designated local governments upon request; and 7. Corresponding Mitigation Transfer Certificates upon request; and 8. Proof of performance bond renewal to cover the next monitoring year (when applicable) 11 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD Contingency Plans/Remedial Actions M. In the event a Bank Parcel fails to achieve the performance criteria described in this Instrument and the approved BPDP, the Bank Sponsor shall develop necessary contingency plans in coordination with the DWR and implement appropriate remedial actions for the Bank Parcel and the Bank. Depending on the degree of remedial actions required, the DWR may modify the monitoring period and credit release schedule. VII. CALCULATION OF CREDITS Riparian Buffer Credits A. All Riparian Buffer Credits shall be determined based on the ratios and percentages provided in 15A NCAC 02B .0295(m) and (n) following the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter (see References) issued by the DWR including the most recent Project Credit Table Template provided online (see Appendix C). B. Riparian buffer restoration on the Bank Parcel, as described in 15A NCAC 02B .0295(n), and defined in 15A NCAC 02B .0295 (b) that is performed on agriculture lands within the Bank Parcel, may be used for either Riparian Buffer Credit or Nutrient Offset Credit, but not both. C. Riparian buffer preservation on the Bank Parcel as described in 15A NCAC 02B .0295(o) can only be used for Riparian Buffer Credit. D. Riparian Buffer Credit is defined as one (1) buffer credit per one square foot or 43,560 buffer credits per one acre. Nutrient Offset Credits E. The square footage of Nutrient Offset Credits on both Bank Parcels will be determined by applying the applicable ratio as provided in 15A NCAC 02B .0295 (m) for a Restoration Site following the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits (see References) issued by the DWR including the most recent Project Credit Table Template online. All riparian areas proposed for Nutrient Offset Credits must be a minimum of fifty (50) feet from the top of the banks along viable streams, viable ephemeral channels, viable ditches and viable in -line ponds on land noted in a Site Viability Letter as agriculture. F. Nutrient Offset Credits cannot be achieved through the preservation activities performed on this Bank Parcel. G. Nutrient Abatement of Restored Riparian Area/Buffers on lands in agriculture: The Sponsor and DWR agree to the following: 12 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD a. The pounds of nitrogen offset per acre of restored riparian areas/buffers on agricultural land, which also includes land denoted as land -application for biosolids, shall be 2,273.02 pounds per acre or 19.16394 square feet per pound. H. The Sponsor and DWR agree the methodology and calculations for determining nitrogen reduction, associated with restoration and enhancement of riparian areas on these Bank Parcels as described in Section IV of this Instrument shall be fixed as part of the approval of this Instrument, with the fixed amount not changing during the Bank Parcel Development or credit release schedule for the Bank Parcels. For further details on the approved method and calculations for determining nutrient reductions associated with the riparian restoration on these Bank Parcels refer to the NCDWR — Methodology & Calculations for Nutrient Reductions document (see Reference #6). 13 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD VIII. CREDIT RELEASE SCHEDULE FOR EACH BANK PARCEL A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the Riparian Buffer Credits and Nutrient Offset Credits associated with each individual Bank Parcel will become available for selling to a third party in accordance with the Credit Release Schedule Below in Table 2.0. Table 2.0 - Credit Release Schedule for Riparian Buffer Credits and Nutrient Offset Credits Task Project Milestone % Credit Available for Sale 1 Instrument and BPDP Approved by DWR, Conservation Easement Recorded* and Financial Assurance Posted 20 2 All Riparian Earthwork & Mitigation Activities, Planting and Installation of Monitoring Devices completed, easement boundaries adequately marked, all applicable permits obtained, site visit performed by DWR 20 3 Monitoring Financial Assurance Posted, Approval of As -Built Report, and Item B (1) of Section X in this Instrument has been completed and approved by DWR. 15 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship 4 Monitoring Report #1: Approved by the DWR** & financial assurances 10 renewed 5 Monitoring Report #2: Approved by the DWR** & financial assurances renewed 10 6 Monitoring Report #3: Approved by the DWR** & financial assurances renewed 10 8 Monitoring Report #4: Approved by the DWR* * & financial assurances renewed 5 9 Monitoring Report #5: Approved by the DWR** and final site visit by DWR has been conducted 10 Total 100% * For specification, please see Section V in this Instrument ** DWR Approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP B. DWR may modify the credit release schedule based on the information submitted or the order in which required information is received. DWR will notify the Sponsor of any modification to the credit release schedule. Any major deviations to the Bank Parcel that were not authorized in writing by DWR prior to implementation may affect the amount of riparian buffer credits and nutrient offset credits that will be generated by the Bank Parcels 14 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD IX. PROCEDURE FOR DEBITING AND CREDITING FOR EACH BANK PARCEL Credit Ledgers A. The Bank Sponsor shall maintain one credit ledger for each mitigation type for each Bank Parcel under this Instrument, unless otherwise instructed by DWR. Each Bank Parcel will have a separate credit ledger. Credit ledgers shall provide the accounting for Riparian Buffer Credits in square feet and acres, and Nutrient Offset Credits in pounds and square feet. B. Each credit ledger shall be submitted on a separate 8 V2-in X 11-in spreadsheet with legible font style and font size. All ledgers shall be submitted using the templates provided in Attachments B of this Instrument or any updated versions to these templates as provided by DWR. Credit Processing C. Credits must be calculated for the Bank Parcel using the most recent Project Credit Table template see Attachment C, which is referenced in the guidance provided in the Clarified Procedures for Calculating buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR, see reference #5. D. Riparian Buffer Credits generated on these Bank Parcels will be used to provide buffer mitigation for authorized riparian buffer impacts within the 03020201 HUC of the Neuse River Basin, excluding Falls Lake Watershed, according to 15A NCAC 02B. 0295 (f) and (g)• E. Riparian Buffer Preservation credits generated on these Bank Parcels are not transferrable into nutrient offset credits. F. Nutrient Offset Credits generated on this Bank Parcel will be used to offset nitrogen nutrient loadings within the 03020201 HUC of the Neuse River Basin, excluding Falls Lake Watershed, in accordance with 15A NCAC 02B .0703. G. Available Riparian Buffer Credits (credits that have been released by DWR but not sold by the Sponsor) that are generated from riparian restoration on agricultural land and meet criteria for nutrient offset credits as depicted in the Project Credit Table in the approved BPDP or approved As -Built Report, whichever applies at the time of the request can be converted and transferred from Riparian Buffer Credits into Nutrient Offset Credits upon written approval from DWR. Once a credit has been converted to another credit type, the transaction is permanent, and the credit cannot be converted again. H. Available Nutrient Offset Credits (credits that have been released by DWR but not sold by the Sponsor) that are generated from riparian restoration within 0-100' form top of banks and meet criteria for riparian buffer credits as depicted in the Project Credit Table in the approved BPDP or approved As -Built Report, whichever applies at the time of the request, can be converted from Nutrient Offset Credits to Riparian Buffer Credits upon written 15 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD approval from DWR. Once a credit has been converted to another credit type, the transaction is permanent, and the credit cannot be converted again. I. All credit conversions must be calculated using the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by DWR dated November 21, 2019, which includes as an attachment "Issues and Resolutions Ver 1.0 — Buffer Mitigation & Nutrient Offset ". J. The Bank Sponsor shall obtain written verification of nutrient offset need from a designated local government in the Neuse River Basin outside of the Falls Lake Watershed, or from DWR through an approved NPDES permit for wastewater nutrient sources, prior to debiting Nutrient Offset Credits from the Bank Parcels. K. The Bank Sponsor shall obtain verification of riparian buffer mitigation required from a delegated/designated local government in the 03020201 HUC of the Neuse River Basin outside of Falls Lake Watershed, or DWR prior to debiting Riparian Buffer Credits from the Bank Parcels. L. All credit and debit transactions for the Bank Parcels under this Instrument shall be accurately depicted in the credit ledgers. The Sponsor shall submit accurate and up-to-date credit ledgers for the Bank Parcel by the 10th of each month. At a minimum and only upon request, DWR shall receive a hard copy of updated credit ledgers along with corresponding Mitigation Credit Transfer Certificates an all corresponding letters from the designated local governments or DWR where applicable once a year. Notification of all credit sales shall be provided to DWR until all credits that have been released have been sold. Mitigation Credit Transfer Certificates M. All credit sales will include a Mitigation Credit Transfer Certificate ("Certificate") that is required to be provided to the buyer of Riparian Buffer and/or Nutrient Offset Credits, that will include, at a minimum, the following information: 1. Bank Details: (1) Sponsor Name, (2) Bank Parcel as it appears in this Instrument and, (4) DWR project number for the BPDP as it appears in Table 1.0. 2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, and (3- when applicable) amount of nitrogen Nutrient Offset Credits purchased in pounds and confirmation from the designated local governments of the amount required, and (4-when applicable) the amount of Riparian Buffer Credits purchase in square feet and the confirmation from DWR or the local government of the amount required. 3. Permitted Project Details: (1) project name and project number as it appears on DWR or local government permits and/or certifications, (2) 8-digit HUC, (3) river basin, (4) nutrient strategy applicable to the permitted project with impacts, (5 — when applicable) designated local government requiring Nutrient Offset Credits, 16 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD and/or (6) DWR or delegated local government name requiring Riparian Buffer Credits for this project. N. If the DWR determines that the Bank is operating at a deficit (e.g. the Sponsor is utilizing, selling, leasing or transferring credits that are not available), or the Bank is out of compliance with statutes, rules or this Agreement, the sale, transfer and use of credits will immediately cease, and the DWR, in consultation with the Sponsor, will determine what remedial actions are necessary. X. BANK PARCEL CLOSURE A. Bank Parcel Closure for each Bank Parcel under this Instrument shall be identified as the event when the Sponsor is relieved of all of its responsibilities to the Bank Parcel and there are no Riparian Buffer Credits or Nutrient Offset credits left to sell. B. Bank Parcel Closures shall commence only after all the following events have occurred: 1. Transfer or assign the conservation easement and all its interests, in perpetuity, to a land trust or stewardship program as described in Section V of this Instrument. 2. All five years of monitoring completed, and all monitoring reports submitted and approved by DWR. 3. All credits have been released and debited and updated ledgers showing zero credit balances have been submitted and approved by DWR. X1. GENERAL PROVISIONS FOR EACH BANK PARCEL A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor and the landowner shall grant permission to the Director of DWR, an authorized representative of the Director of DWR, 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 DWR prior to the transfer. D. Force Majeure: After 100% of all of the credits have been released according to the credit release schedule in Section VIII and confirmation has been received by the DWR that the Conservation Easement has been successfully assigned in compliance with Item H of Section V, the Sponsor will not be responsible for individual Bank Parcel 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 100% of all of the credits from an individual Bank Parcel have been released in accordance with the credit release schedule in Section VIII, the Sponsor 17 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD 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 DWR and the Sponsor. DWR must concur in writing that a force majeure event has occurred for this provision to apply. F. Oversight: Actions taken by DWR may include, but are not limited to, the following: 1. Site visits, 2. Issuance of Site Viability Letters, 3. BPDP review and approval of items listed in Section V of this Instrument, 4. As -Built Report review and approval of items listed in Section VI of this Instrument, 5. Monitoring Report review and approval of items listed in Section VI of this Instrument, 6. Credit Ledger review and approval of items listed in Section IX of this Instrument, 7. Certificate review of items listed in Section IX of this Instrument and cross analysis to credit ledgers and, 8. Information requests, file reviews and audits. Reports, ledgers, files and other information shall be made available to DWR upon request, unless otherwise specified in this or any other document. G. Validity of this Instrument: This Instrument will become valid on the date of the last party's signature. H. Specific Language of this 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. I. Any disputes over decisions regarding this Instrument, shall be referred to the Director of DWR for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. J. 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. 18 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD If to Bank Sponsor: If to DWR: Restoration Systems Attention: Barrett Jenkins 1101 Haynes Street, Suite 211 Raleigh, NC 27604 bjenkins@restorationsystems_com NC Division of Water Resources — 401 & Buffer Permitting Branch Attn: Nutrient Offset & Buffer Mitigation Banking Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 L. Applicable Law: This Agreement shall be construed under the laws of the State of North Carolina. RESTORATION SYSTEMS, LLC By: George A. Howard (Print) 62 4 ��� (Signature) Title: CEO Date: 09-23-2021 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY -DIVISION OF WATER RESOURCES Danny smith By: (Print) LDocuSigned by. vtuAbui 541{,j/``c 98F7A67B5CCA425... Title: Director, Division of Water Resources 10/20/2021 Date: (Signature) 19 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD Nutrient Offset Program & Buffer Mitigation Program Updated Authorities for Neuse Strategy MBI August 11, 2020 ATTACHMENT A Authorities pertaining to the Raleigh Farm Umbrella Mitigation Banking Instrument All Basins General Statutes: 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 Stormwater runoff rules and programs G.S. § 143-215.8B Basinwide Water Quality Management Plans Session Laws S.L. 2019-86 (Amendment to G.S. § 143-214.26) S.L. 2016-94 S.L. 2015-246 S.L. 2015-149 S.L. 2014-90 S.L. 2014-120 S.L. 2013-413 S.L. 2013-121 S.L. 2013-265 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 .0701 Nutrient Strategies Definitions 15A NCAC 02B .0703 Nutrient Offset Credit Trading 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers Neuse River Basin Buffer and Neuse Nutrient Strategy Session Laws S.L. 2011-394 S.L. 1998-221 (Part I) S.L. 1995-572 Administrative Rules: 15A NCAC 02B .0610 15A NCAC 02B .0611 15A NCAC 02B .0612 15A NCAC 02B .0710 15A NCAC 02B .0711 15A NCAC 02B .0712 15A NCAC 02B .0713 15A NCAC 02B .0714 15A NCAC 02B .0715 Managing Activities within Riparian Buffers: Definitions Managing Activities within Riparian Buffers: Authorization Certificates Managing Activities within Riparian Buffers: Forest Harvesting Requirements Neuse Nutrient Strategy: Purpose and Scope Neuse Nutrient Strategy: Stormwater Neuse Nutrient Strategy: Agriculture Neuse Nutrient Strategy: Wastewater Discharge Requirements Protection and Maintenance of Existing Riparian Buffers Delegation of Authority for the Protection and Maintenance of Existing Riparian Buffers DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD Attachment B Ledger Templates DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD Restoration Systems, LLC - Raleigh Farm Umbrella Mitigation Banking Instrument (UMBI) Raleigh Farm Phase A Bank Parcel / Neuse 03020201 Nitrogen Offset Credit Ledger Date Last Updated: 00/00/0000 DWR # 2019-1692v4 Total Credits Released to Date: Date Paid Purchaser or Bank Parcel Task Completed Project w/HUC # Credits Credits Debited/Sold Nutrient Credit Balance Local Gov't Pounds of Nitrogen sqft Pounds of Nitrogen sqft Pounds of Nitrogen sqft 00/00/0000 0.00 0.00 0.00 00/00/0000 0.00 0.00 0.00 0.00 Restoration Systems, LLC - Raleigh Farm Umbrella Mitigation Banking Instrument (UMBI) Raleigh Farm Phase A Bank Parcel / Neuse 03020201 Buffer Restoration Credit Ledger Date Last Updated: 00/00/0000 DWR # 2019-1692v4 Total Credits Released to Date: Date Paid Purchaser or Bank Parcel Task Completed Project w/HUC # Credits Credits Debited/Sold Buffer Credit Balance Local Gov't Square Feet Acres Square Feet Acres Square Feet Acres 00/00/0000 00/00/0000 Restoration Systems, LLC - Raleigh Farm Umbrella Mitigation Banking Instrument (UMBI) Raleigh Farm Phase A Bank Parcel / Neuse 03020201 Buffer Preservation Credit Ledger Date Last Updated: 00/00/0000 DWR # 2019-1692v4 Total Credits Released to Date: Date Paid Purchaser or Bank Parcel Task Completed Project w/HUC # Credits Credits Debited/Sold Buffer Credit Balance Local Gov't Square Feet Acres Square Feet Acres Square Feet Acres 00/00/0000 00/00/0000 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD Restoration Systems, LLC - Raleigh Farm Umbrella Mitigation Banking Instrument (UMBI) Raleigh Farm Phase BC Bank Parcel / Neuse 03020201 Nitrogen Offset Credit Ledger Date Last Updated: 00/00/0000 DWR # 2019-1692v5 Total Credits Released to Date: Credits Credits Debited/Sold Nutrient Credit Date Paid Purchaser or Bank Parcel Task Completed Project w/HUC # Pounds of Nitrogen sqft Pounds of Nitrogen sqft Pounds of Nitrogen sqft Local Gov't 00/00/0000 0.00 0.00 0.00 00/00/0000 0.00 0.00 0.00 0.00 Restoration Systems, LLC - Raleigh Farm Umbrella Mitigation Banking Instrument (UMBI) Raleigh Farm Phase BC Bank Parcel / Neuse 03020201 Buffer Restoration Credit Ledger Date Last Updated: 00/00/0000 DWR # 2019-1692v5 Total Credits Released to Date: Date Paid Purchaser or Bank Parcel Task Completed Project w/HUC # Credits Credits Debited/Sold Buffer Credit Balance Local Gov't Square Feet Acres Square Feet Acres Square Feet Acres 00/00/0000 00/00/0000 Restoration Systems, LLC - Raleigh Farm Umbrella Mitigation Banking Instrument (UMBI) Raleigh Farm Phase BC Bank Parcel / Neuse 03020201 Buffer Preservation Credit Ledger Date Last Updated: 00/00/0000 DWR # 2019-1692v5 Total Credits Released to Date: Date Paid Purchaser or Bank Parcel Task Completed Project w/HUC # Credits Credits Debited/Sold Buffer Credit Balance Local Gov't Square Feet Acres Square Feet Acres Square Feet Acres 00/00/0000 00/00/0000 DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD Attachment C Project Credit Table Template (Example) DocuSign Envelope ID: E63B04DC-8DAE-4EEC-9D50-C2A0FD88FDCD Table 1. [INSERT PROJECT NAME], [INSERT PROJECT NUMBER], Project Credits Neuse 03020201 - Outside Falls Lake Project Area N Credit Conversion Ratio (ft2/pound) P Credit Conversion Ratio (ft2/pound) 19. 16394 N/A Credit Type Location Subject? (enter NO if ephemeral or ditch') Feature Type Mitigation Activity Min -Max Buffer Width (ft) Feature Name Total Area (ft2) Total (Creditable) Area of Buffer 2 Mitigation (ft) Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset N (Ibs) Delivered Nutrient Offset: P (lbs) Totals (ft2): Total Buffer (ft2): Total Nutrient Offset (ft2): 0 0 0.000 0.000 0.000 0 0 0 N/A Enter Preservation Credits Below Total Ephemeral Area (ft) for Credit: Total Eligible Ephemeral Area (ft2): Total Eligible for Preservation (ft2): Credit Type Location Subject? Feature Type Rural Rural Yes Yes I/P Ephemeral Mitigation Activity TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 0 0.000 Enhancement: 0 0.000 Preservation: 0 0.000 Total Riparian Buffer: 0 0.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset. Nitrogen: 0 0.000 Phosphorus: 0.000 Min -Max Buffer Width (ft) 0-100 0-100 Feature Name Preservation Area Subtotals (ft2): 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). 0 0 0 #DIV/0! 0 0.0% Total (Creditable) Total Area (sf) Area for Buffer Mitigation (ft2) 0 0 Ephemeral Reaches as %TABM Preservation as %TABM Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Riparian Buffer Credits 10 100% 10 100% last updated 08/03/2020