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HomeMy WebLinkAbout20081473 Ver 4_Financial Assurance Reduction_2013_20131015Pat McCrory Governor Mr. Thomas Rinker EBX Neuse 1, LLC 909 Capability Drive, Suite 3100 Raleigh, NC 27606 Water Quality Programs Thomas A. Reeder Director October 15, 2013 Re: Financial Assurance Reduction Approval Arrington Bridge Bank Parcel (Phase II) Dear Mr. Rinker: Resources John E. Skvarla, III Secretary DWQ Project # 2008- 1473v4 Wayne County On October 8, 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 EBX Neuse I, LLC for the Arrington Bridge Nutrient Offset & Riparian Buffer mitigation bank in Wayne County, North Carolina. Other nutrient offset/buffer mitigation banks have been allowed per their Mitigation Banking Instruments (MBIs) to reduce their monitoring bonds /financial assurances by 20% following the approval of each annual monitoring report by DWR. Since you have requested a change that aligns with the implementation of the financial assurance provisions of more recent MBis, we will allow the following: DWQ approved the first annual monitoring report for the subject mitigation bank on October 8, 2013 and submitted a credit release letter documenting the approval. Therefore, your request to reduce the financial assurance (Performance Bond No. 1000964294) from $100,000 to $80,000 from United States Surety Company is hereby approved. This reduction is 20% of the original financial assurance amount of $100,000.00. Please feel free to contact Katie Merritt at (919) 807 -6371 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Super t r 401 and Buffer Permitting Unit KAH /kym cc: File copy (Katie Merritt) Cara Conder — EBX Neuse I, LLC (via electronic mail) 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.nGwaterqualit .org An Equal Opportunity 1 Affirmative Action Employer