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HomeMy WebLinkAbout20110720 Ver 1_Approval Letter_20131004C EN North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E, Skvarla, III Governor Director Secretary October 4, 2013 DWQ Project # 2011- 0720v1 Mr. Thomas Rinker Orange County Environmental Banc & Exchange, LLC 909 Capability Drive, Suite 3100 Raleigh, NC 27606 Re: Financial Assurance Reduction Approval Forrest Creek UT -2 Bank Parcel Dear Mr. Rinker: On October 4, 2013, the Division of Water Quality, hereby referred to as Division of Water Resources (DWR), received a request for approval to reduce the financial assurance required for the monitoring and maintenance performance obligations of Environmental Banc & Exchange, LLC for the Forrest Creek UT -2 Nutrient Offset mitigation bank in Orange County, North Carolina. Since your request aligns with the implementation of the financial assurance provisions of your Upper Neuse Riparian Buffer and Nutrient Umbrella Mitigation Banking Instrument (UMBI), we will allow the following: DWR approved the second and third year annual monitoring reports for the subject mitigation bank on January 2, 2013 and October 4, 2013 respectively, and submitted credit release letters documenting those approvals. Therefore, your request to reduce the financial assurance (Performance Bond No. 1000931772) from $80,000 to $40,000.00 from United States Surety Company is hereby approved. This reduction is 60% of the original Performance Bond amount of $100,000.00. Additionally, following DWR approval of future monitoring reports, you may request an additional 20% bond reduction as long as the site still meets DWR success criteria. This site has at least 2 more years of monitoring and maintenance. 401 and Buffer Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N, Salisbury St, Raleigh, North Carolina 27604 Phone: 919 -807 -63001 FAX: 919 -807 -6494 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Environmental Banc & Exchange, LLC October 4, 2013 Page 2 of 2 Please feel free to contact Katie Merritt at (919) 807 -6371 if you have any questions regarding this correspondence. Sincerely, KAH/kym cc: File copy (Katie Merritt) Tommy Cousins (via electronic mail)