20200579 Ver 1_2022-03-07 DRAFT FINAL NOBI & Appendices_20220325

Mitigation Project Information Upload
ID#* 20200579 Version* 1
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Katie Merritt
Initial Review Completed Date 03/25/2022
Mitigation Project Submittal - 3/25/2022
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Is this a Prospectus,Technical Proposal or a New Site?* 0 Yes O No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:* Email Address:*
Rebecca Stubbs [e-mail]
Project Information
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ID#:* 20200579 Version:* 1
Existing ID# Existing Version
Project Type: DMS • Mitigation Bank
Project Name: Whirligig Station Nutrient Offset Bank
County: Wilson
Document Information
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Mitigation Document Type:*
Mitigation Bank Instrument Mod
File Upload: 2022-03-07 WhirligigSandFilter_NOBI&
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Appendices.pdf
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Print Name:* Rebecca Stubbs, PE
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deed.

AGREEMENT TO ESTABLISH THE CITY OF WILSON WHIRLIGIG STATION NUTRIENT OFFSET BANKING
INSTRUMENT IN THE NEUSE RIVER BASIN FOR NUTRIENT OFFSET CREDITS PURSUANT TO THE NEUSE
NUTRIENT MANAGEMENT STRATEGY
TABLE OF CONTENTS
I. PREAMBLE 3
II. LOCATION AND GEOGRAPHIC SERVICE AREA 3
III. AUTHORITIES 3
IV. ESTABLISHMENT OF NUTRIENT OFFSET SCM 4
V. STORMWATER MANAGEMENT PLAN 5
VI. POST CONSTRUCTION DOCUMENTATION 5
VII. CALCULATION OF NITROGEN NUTRIENT OFFSET CREDITS 9
VIII. CREDIT RELEASE SCHEDULE 10
IX. PROCEDURE FOR DEBITING AND CREDITING NUTRIENT OFFSET CREDITS 11
X. BANK CLOSURE 12
XI. GENERAL PROVISIONS 13
REFERENCES
1. Nutrient Strategies Definitions Rule Text 15A NCAC 02B .0701
http://reports.oah.state.nc.us/ncac/title%2015a%20-%20envi ronmental%20quality/chapter%2002%20-
%20envi ronmental%20manage ment/subchapter%20b/15a%20ncac%2002b%20.0701.pdf
2. Nutrient Offset Credit Trading Rule Text 15A NCAC 02B .0703
http://reports.oah.state.nc.us/ncac/title%2015a%20-%20envi ronmental%20quality/chapter%2002%20-
%20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0703.pdf
3. NC Session Law 2019-86 " Nutrient Offset Credits":
https://ncleg.gov/EnactedLegislation/SessionLaws/HTML/2019-2020/SL2019-86.html
Attachment A—Operation & Maintenance Agreement (with Appendix A and B)
1

APPENDICES
C-City of Wilson Limits and Extraterritorial Jurisdictions Map
D - Division of Water Resources Authority Document
E - Nitrogen Nutrient Offset Ledger Template
F -City Entities and Roles Table
G -Stormwater Management Plan Approval Letter
H - Whirligig Station Sand Filter Stormwater Control Measure Drainage Area Map
I - City of Wilson 2020-2021 Stormwater Management Fund Balance Sheet
J -Certificate of Liability Insurance
K-City of Wilson Stormwater Master Accounts and Budget Excerpt
L— Funding Flow Chart
2

I. PREAMBLE
This Nutrient Offset Banking Instrument ("Instrument") regarding the establishment, use, operation,
and maintenance of the Whirligig Station Sand Filter Nutrient Offset Stormwater Control Measure
Site ("Nutrient Offset SCM") located in the City of Wilson ("City") to provide Neuse Nutrient Strategy
nutrient load reduction credit ("Nutrient Offset Credits") is made and entered into by and among
the City of Wilson Stormwater Division acting as the Bank Sponsor ("Sponsor"), the City of Wilson
Engineering Division acting as the "Long-Term Steward", and the North Carolina Department of
Environmental Quality — Division of Water Resources ("DWR"). The Sponsor will be rewarded the
Nutrient Offset Credits and will be responsible for this Instrument. This Instrument is in accordance
with 15A NCAC 02B .0701 and 15A NCAC 02B .0703 (References# 1 and 2).
The purpose of the Nutrient Offset Bank is:
A. To generate and sell any resulting Nutrient Offset Credits to third parties located within the
City's limits including extraterritorial jurisdictions (ETJs) of the City for development (both
existing and proposed) and for use on City projects requiring such nutrient offsets. See
Appendix C for exhibit of City's limits and ETJs.
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 Nutrient Offset Credits for impacts due to development activities.
B. The Site is located within the Neuse River Basin in the State of North Carolina, United States
Geological Survey("USGS") 8-digit Hydrologic Unit Code ("HUC") 03020203 within the City.
C. Sale or transfer of Nutrient Offset Credits shall be limited to the 8-digit HUC 03020203 in the
Neuse River Basin and within the City limits and ETJ of the City, excluding the Tar-Pamlico
Watershed, unless otherwise authorized by DWR in accordance with 15A NCAC 02B .0703
(Reference#2) or in accordance with Session Law 2019-86 (Reference#3).
D. The Nutrient Offset SCM is being used as a parking area. The project is located at 35.724181° N
and 77.912967° W within the City.
III. AUTHORITIES
A. The Bank will be used to provide Nutrient Offset Credit in accordance with the requirements in
the DWR Authority document referenced herein as "Appendix D" and attached to this
Instrument.
B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Appendix D and any new approved North Carolina ("State") statutes and rules
for the Neuse Nutrient Sensitive Waters Management Strategy.
C. The selling of nutrient offset credits generated from the Nutrient Offset SCM approved under
this instrument, shall be consistent with approved State statutes and rules for the Neuse
Nutrient Sensitive Waters Management Strategy.
3

D. Nutrient load education activities proposed under this Instrument and corresponding
Stormwater Management Plan (SMP) to generate 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 the complete SMP was approved by DWR.
IV. ESTABLISHMENT OF NUTRIENT OFFSET SCM
A. In accordance with 15A NCAC 02B .0703 (c and d) and 15A NCAC 02H .1050 through .1062, DWR
approved the Whirligig Station Sand Filter Stormwater Management Plan (SMP). The approved
SMP included the modified sand filter design calculations and nitrogen offset calculations as well
as the original design calculations. The Sponsor shall comply with all parts of the O&M
Agreement provided in Attachment A attached hereto and incorporated herein by reference
("O&M Agreement") which includes the management and maintenance requirements for the
Nutrient Offset SCM. Table 1.0 below outlines the timeline associated with the DWR approval of
the Site proposed under this Instrument:
Table 1.0—SCM Approval Details
Nutrient Offset DWR Project ID# DWR Site SMP (Final Draft) SMP Approval
SCM Evaluation Letter
Whirligig Station
Sand Filter June 5, 2020
Nutrient Offset 2020-0579 N/A May 11, 2020 (Appendix G)
SCM
B. The approved SMP for the Nutrient Offset SCM described in this instrument will be included in
the public notice for this Instrument. However, only the Instrument will be made available for
public commenting for 15 calendar days.
C. The Nutrient Offset SCM is expected to provide Nutrient Offset Credits in accordance with 15A
NCAC 02B .0703 as well as in accordance with the O&M Agreement (Attachment A). The
Nutrient Offset SCM is expected to provide Nutrient Offset Credit as follows:
1. Nitrogen loading reductions are provided by the voluntary- not required by any
state, local or federal permit- construction of a sand filter type of Nutrient Offset
SCM. The sand filter is constructed between Tarboro Street SW and Goldsboro
Street SW in the downtown area of the City in North Carolina. The Nutrient Offset
SCM treats approximately 8.61 acres of impervious area.
D. An As-built Report is required by DWR and shall include all the required documentation as
provided in Section VI.
4

V. STORMWATER MANAGEMENT PLAN
A. The SMP for the Nutrient Offset SCM was submitted to the DWR for review under 15A NCAC
02H .1050 through .1062 and parts of 15A NCAC 02B .0703 (c-d). The SMP was approved on
June 5, 2020. The SMP included Operation and Maintenance measures that would be required
for the SCM.
Permitting
B. The Sponsor obtained an erosion control permit from the North Carolina Division of Energy,
Mineral, and Land Resources needed for construction and to maintain the Nutrient Offset SCM.
This Instrument does not qualify as, or substitute for, such documentation, permit, or
authorization.
Construction
C. Construction of the Nutrient Offset SCM began in June 2020 after DWR approved the Nutrient
Offset SCM design via the SMP Approval letter (June 5, 2020). Construction was completed in
July of 2020.
D. Requests for deviation from the approved SMP must be submitted to DWR in writing. Written
approval from the DWR must be received prior to implementing any deviation from the
approved SMP.
VI. POST CONSTRUCTION DOCUMENTATION
As-Built Report
A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this
Instrument and corresponding SMP, to establish, operate, and maintain the Nutrient Offset SCM
until Items C (1), (2) and (3) of Section X have been satisfied.
B. The Sponsor will submit an as-built plan for the Nutrient Offset SCM after receiving approval of
this Instrument and prior to any nutrient offset credits being released by the DWR. The As-Built
report will describe any deviation from the approved SMP and will document the following:
1. Stormwater SCMs: outlet structure information, surface area/volume calculations,
hydrograph routing information, photo point locations as appropriate, sealed engineer's
certificate of completion.
2. Aerial map of the Nutrient Offset SCM that was included in the approved SMP.
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Inspection and Maintenance Reports
C. One (1) annual report shall be submitted to DWR every year for five (5) consecutive years and
shall be submitted by December 31. In accordance with the O&M Agreement, the Nutrient
Offset SCM should be inspected quarterly and within 24 hours after a storm event greater than
1.0 inches. Reports and records of operation, inspection, and maintenance should be kept in a
known set location to be available upon request in perpetuity. Annual Reports shall include all
the following documentation:
1. Detailed O&M form completed.
2. Best available recent aerial images.
3. Photos and photo point locations.
4. Inspection report, detailed summary of inspections performed that year.
5. Renewal documentation of financial assurances that have been secured for the Nutrient
Offset SCM.
6. Documentation that the fund (established for the Nutrient Offset SCM operation and
maintenance) has been adequately budgeted for the next fiscal year.
D. Inspection activities should be performed in accordance with the Operation and Maintenance
Manual's detailed list of potential problems. DWR highly recommends that all inspection
activities as well as Operation and Maintenance of the Nutrient Offset SCM be performed by a
trained certified professional in stormwater best management practices which can be found at
the following link: https://www.bae.ncsu.edu/workshops-conferences/stormwater-bmp/
E. A final onsite evaluation of the Nutrient Offset SCM, by DWR staff within the 401 & Buffer
Permitting Branch, may be required to be performed after receipt of the fifth annual report to
determine compliance with the O&M Agreement as well as compliance with this Instrument.
Full compliance must be achieved prior to final credit release issuance by the DWR.
F. A Memorandum of Agreement (MOA) between the Sponsor and the City of Wilson Engineering
Division (Engineering Division) outlining the responsibilities and procedures for purposes of
upholding the nutrient load reductions granted of the Nutrient Offset SCM shall be submitted to
DWR for review. The MOA is required to be signed by all parties and recorded with the
easements described in this Instrument prior to Bank Parcel Closure described in Section X. The
MOA shall include all the following:
1. Interim maintenance and management responsibilities of the Nutrient Offset SCM by all
parties to the MOA; and
2. Long term maintenance and management responsibilities of the Nutrient Offset SCM by
all parties to the MOA; and
3. Financial responsibilities for the Nutrient Offset SCM by all parties to the MOA; and
4. Appropriate references to this Instrument and the signed O&M Agreement; and
5. Other information as deemed appropriate to comply with this Instrument and
corresponding signed O&M Agreement.
6

Contingency Plans/Remedial Actions
G. In the event the Sponsor has not maintained the Nutrient Offset SCM according to this
Instrument and corresponding O&M Agreement and, therefore, the Nutrient Offset SCM is not
operating efficiently per the approved SMP, the Sponsor shall develop necessary contingency
plans in coordination with DWR and implement appropriate remedial actions for the Nutrient
Offset SCM. Depending on the degree of remedial actions required, in accordance with 15A
NCAC 02B .0703 (g)(4), "the Division (DWR) may temporarily or permanently invalidate
permanent credits generated by an SCM if it determines that the SCM has been impacted due to
failure to comply with the terms of an associated project plan, nutrient offset banking
instrument, easement, maintenance agreement, other protective agreement, or this rule".
Property Disposition & Long-Term Management
H. In accordance with 15A NCAC 02B .0703 (g)(4), "The SCM shall be placed in and protected by
recorded drainage easements with recorded access easements to the nearest public right-of-way
for purposes of operation and maintenance. These easements shall be granted in favor of the
person or entity responsible for operating and maintaining the structures, with a note as to the
responsible person or entity. Easements shall be of sufficient width for inspection and
maintenance of the project".
I. Prior to the release of any credits, the Sponsor will record permanent maintenance and access
easements at the Wilson County Register of Deeds sufficient to ensure protection, operation,
and maintenance of the Nutrient Offset SCM in perpetuity. Lands that shall also be protected in
perpetuity shall be those that were converted as part of the approved SMP, unless those areas
are part of the catchment area of the Nutrient Offset SCM. These lands are illustrated in
Appendix H.
J. The form of the maintenance easement shall be consistent with the standards employed by the
State of North Carolina in the protection of Nutrient Offset SCM areas and shall be approved by
the DWR prior to the release of any credits.
K. 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.
L. Additionally, the Sponsor shall not alter or allow alteration of the land cover that may increase
the Built Upon Area (BUA) draining to the Nutrient Offset SCM beyond the approved capacity,
without receiving prior written approval from DWR staff(see Section XI (K)) which is illustrated
in Appendix H.
7

Financial Assurances
M. For replacement costs, the City has two fund balances that the Sponsor can rely on in an event
that Nutrient Offset SCM replacement or major repair is needed, the Stormwater Management
Fund (see Appendix I) and the General Fund (see current City of Wilson Annual Budget). As a
local government with a stormwater utility fee and ability to employ tax dollars from its citizens,
the City has a reliable annual income within the Stormwater Management Fund to utilize for
replacement costs of the Nutrient Offset SCM. Because these funds are sources from the City's
citizens, the City has a responsibility to perform repairs within a responsible time frame.
(Additionally, the City and the Sponsor have an obligation to maintain the Nutrient Offset SCM's
functionality per the Hominy Swamp Restoration Plan for Category 4b demonstration).
Therefore, major repairs to the Nutrient Offset SCM would be prioritized from these available
funds initially. However, in the case that the replacement costs are greater than the available
Stormwater Management Fund balance, the Sponsor may utilize the City's General Fund. The
City is obligated to maintain an undesignated fund balance equal to or greater than 8% of the
overall General Fund operating budget. Please see the current City's Annual Budget for more
detailed information.
N. In addition to the Stormwater Management Fund and the General Fund, the City is self-insured
through a carrier (see Appendix J). The Risk Management Fund is funded annually within the
General Fund equal to the policy's deductible amount. If the cost of the Nutrient Offset SCM
replacement or major repair is greater than the $500,000 deductible amount, either the
Stormwater Management Fund or the Risk Management Fund will finance the replacement or
repair up to $500,000 and the insurance policy will go into effect for the remaining cost.
O. To use funds from any City account (Stormwater Management Fund, General Fund, or Risk
Management Fund) for Nutrient Offset SCM replacement or major repairs,the Sponsor, through
the City's Stormwater Manager, must seek approval from City Council to initiate the budget
amendment. Although not anticipated, if neither the Stormwater Management Fund or the
Replacement Fund has ample funds to finance the replacement or repair up to the deductible, a
budget amendment would be requested through City Council. This process will be considered
acknowledged and approved through City Council approval of this Instrument and upon
signature by the City's Stormwater Manager.
P. Following approval of the Instrument, the Sponsor shall provide documentation to DWR
demonstrating and itemizing annual operation and maintenance costs and commit to adding
those costs to the City budget as an expenditure line item, Nutrient Offset SCM Maintenance
and Repair, in the Stormwater Management Fund (Appendix I) in perpetuity. An account,
"Whirligig Nutrient Offset Site SCM Annual Maintenance" (XXX-XXXX-XXX.XX-XX), will be created
with a minimum amount to be budgeted annually of $6,150 within the City of Wilson
Stormwater Master Accounts and Budget (Appendix K). This account will be included in the
City's budget in a manner that is protected in perpetuity. As the Nutrient Offset SCM (sand filter
and sedimentation chamber) is a portion of a larger underground detention and treatment
device, the cost of the SCM was derived from the total construction cost of $844,000. The
Nutrient Offset SCM encompasses approximately 41.4% of the total area of the underground
detention and treatment device, therefore construction cost of the Nutrient Offset SCM is
considered $349,416. The cost of materials (sand filter media, underdrains, etc.) of the Nutrient
Offset SCM was $60,000. Therefore, the overall Nutrient Offset SCM cost is considered
8

$410,000. The Whirligig Nutrient Offset Site SCM Annual Maintenance budget of$6,150 is 1.5%
of the total construction cost of the sand filter portion of the overall Nutrient Offset SCM
($410,000). The percentage of the total construction cost of the sand filter (1.5%) is based upon
the assumption that the overall maintenance budget should be 15% of the total construction
cost of the sand filter portion of the Nutrient Offset SCM and that full replacement of the sand
filter media and materials would only occur approximately every ten (10)years.
Q. Documentation of the City's budget will be provided to DWR annually by the Sponsor at the end
of each fiscal year for five consecutive years after approval of this Instrument. The completed
year's final budget records will be provided along with the upcoming year's budget plan to
demonstrate compliance with the commitment detailed above in Section VI, K-N.
R. The initial nutrient offset credit release will not occur until the completion of construction, as-
built certification, recordation of the deed and plat with easements, and the establishment of an
operation and maintenance agreement, therefore, a performance bond will not be provided by
the City for this Nutrient Offset SCM.
VII. CALCULATION OF NITROGEN NUTRIENT OFFSET CREDITS
Nutrient Offset Credits
A. Nutrient Offset Credit Generation by the Nutrient Offset SCM:The Sponsor and DWR agree:
The calculations provided in the approved SMP estimate that the proposed Nutrient Offset SCM
is likely to generate approximately 1,916 pounds (Ibs) of Nitrogen Nutrient Offset Credits (or
63.89 lbs of Permanent Nitrogen Nutrient Offset Credits/year) if designed, constructed,
implemented, and sustained as proposed in the SMP. The Sponsor will record Nutrient Offset
Credit generation and sales in pounds using the ledger provided in Appendix E until DWR
transitions buyers and sellers of nutrient offset credits to units of pounds per year, at which time
the ledger should be modified to accommodate the new units.
This space left blank intentionally, do not add text to this space.
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VIII. CREDIT RELEASE SCHEDULE
A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by
DWR, it is agreed that the nutrient offset credits associated with the Whirligig Station Nutrient
Offset SCM will become available for sale by the City of Wilson Stormwater Division in
accordance with Section II and the Credit Release Schedule below in Table 2.0
Table 2.0-Credit Release Schedule for Nutrient Offset Credit Provided in Pounds
Credit
Available for
Task Project Milestone Sale (Ibs)
SMP Approved, O&M Agreement Approved & Recorded,
1 Instrument Approved, Post Construction Financial Assurances 1,533.36
Secured, Complete As-Built Report & Engineer's Certificate (80%)
Received, Maintenance &Access Easements Recorded.
2 Year 1 Inspection & Maintenance Report approved by DWR* and 76.67 (4%)
confirmation of funding provided for the next full year.
3 Year 2 Inspection & Maintenance Report approved by DWR* and 76.67 (4%)
confirmation of funding provided for the next full year.
4 Year 3 Inspection & Maintenance Report approved by DWR* and 76.67 (4%)
confirmation of funding provided for the next full year.
Year 4 Inspection & Maintenance Report approved by DWR*,
confirmation of funding provided for the next full year, and the
5 Memorandum of Agreement (MOA) referenced in Item F of Section 76.67 (4%)
VI signed by all applicable parties and recorded with the
Maintenance &Access Easements.
Year 5 Inspection & Maintenance Report approved by DWR* and
6 confirmation of funding provided in perpetuity. An onsite visit by 76.67 (4%)
DWR may be required.
1,916.70
Total (100%)
* DWR Approval provided upon a determination that the Sponsor is compliant with the
O&M Agreement and the Nutrient Offset SCM is functioning as intended. All
Monitoring Report Inspections shall be conducted by an NCSU Stormwater SCM
Construction Inspection certified third-party entity when possible.
B. DWR may modify the Credit Release Schedules 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.
10

IX. PROCEDURE FOR DEBITING AND CREDITING NUTRIENT OFFSET CREDITS
Credit Ledgers
A. The Sponsor shall maintain one credit ledger for the Nutrient Offset SCM under this Instrument:
The credit ledger shall provide the accounting for the Nitrogen Nutrient Offset Credits in pounds
until DWR transitions buyers and sellers of nutrient offset credits to units of pounds per year, at
which time the ledger should be modified to accommodate the new units.
B. The credit ledger shall be submitted on a separate 8 1/2 in. x 11 in. spreadsheet with legible font
style and font size. All ledgers shall be submitted using the templates provided in Attachment E
of this Instrument or any updated versions to this template as provided by DWR.
C. The ledger needs to be submitted monthly and in accordance with Item F below.
Credit Processing
D. Nutrient Offset Credits generated from this Site will be used to offset nitrogen nutrient loads
within the 03020203 HUC of the Neuse River Basin, specifically those areas within that HUC that
are located within the City Limits and Extraterritorial Jurisdiction of the City, excluding any areas
within the Tar-Pamlico Watershed, in accordance with 15A NCAC 02B .0703. Please reference
Appendix C for map of included areas.
E. The Sponsor shall obtain written verification of nutrient offset need from a designated local
government within the approved GSA identified in Section II of this Instrument,the Division of
Energy Minerals and Land Resources (DEMLR) or from DWR through an approved NPDES permit
for wastewater nutrient sources, prior to debiting Nutrient Offset Credits from the Nutrient
Offset SCM. DWR must approve each credit sale transaction prior to debiting Nutrient Offset
Credits from the Nutrient Offset SCM ledger.
F. All credit and debit transactions for the Site under this Instrument shall be accurately depicted
in the credit ledger. The Sponsor shall submit an accurate and up-to-date credit ledger for the
Nutrient Offset SCM by the 10th of each month. At a minimum, DWR shall receive a hard copy of
the updated credit ledgers along with corresponding Nutrient Offset Credit Transfer Certificates
and all corresponding letters from designated local governments, DEMLR 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.
G. These Nutrient Offset credits will not be sold to the Division of Mitigation Services through any
Request for Proposals (RFP).
11

Nutrient Offset Credit Transfer Certificates
H. All credit sales will include a Nutrient Offset Credit Transfer Certificate ("Certificate") that is
required to be provided to the buyer of Nutrient Offset Credits, that will include, at a minimum,
the following information;
1. Bank Details: (1) Sponsor Name, (2) SCM Site name as it appears in Table 1.0 of this
Instrument and, (3) DWR project number for the SMP as it appears in Table 1.0 of this
Instrument.
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 (until DWR
transitions buyers and sellers of nutrient offset credits to units of pounds per year, at
which time the ledger should be modified to accommodate the new units) and
confirmation from the City or DWR of the amount required.
3. Permitted Project Details: (1) project name 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 project with impacts, and (5 — when applicable) designated local
government (City) requiring Nutrient Offset Credits for this project.
I. If DWR determines the Bank is operating at a deficit (e.g. the Sponsor is closing on sales and/or
transferring credit that is not available), or the Bank is selling credits out of compliance with
statutes, rules or this Agreement, the sale/transfer of credits will immediately cease, and the
DWR, in consultation with the Sponsor, will determine what remedial actions are necessary.
X. BANK CLOSURE
A. Site Bank Closure shall be identified as the event when there are no Nitrogen Nutrient Offset
Credits left to be released by DWR or sold by the Sponsor and when expectations outlined in
this Instrument have been achieved. At the time of the Bank Closure, the Sponsor is not
relieved of maintenance responsibilities and the financial assurances associated with required
maintenance.
B. Nutrient Offset SCM Bank Closure shall commence only after all credits have been released by
DWR and fully debited in compliance with this Instrument and updated ledgers showing zero
credit balances have been submitted and approved by DWR.
C. Nutrient Offset SCM Bank Closure shall commence only after:
1. The Memorandum of Agreement described in Item F of Section VI has been signed by all
parties and recorded with the maintenance and access easements for the Nutrient
Offset SCM.
2. O&M Agreement referenced in Section VI has been recorded with the Wilson County
Register of Deeds, along with the access and maintenance easements as detailed in
Section VI.
3. All five (5) Inspection and Maintenance Reports referenced in Section VI have been
submitted and approved by DWR.
12

D. Operation and Maintenance Inspections must be performed in perpetuity, as detailed in
Section VI, C. and D., and all records shall be kept by the Sponsor and be made available to
DWR upon request. Records kept for purposes of complying with this Instrument, an O&M
Agreement, or MOA shall not be part of any records retention policy by the City or Sponsor.
XI. GENERAL PROVISIONS
A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor
shall grant permission to the Director of DWR, or an authorized representative of the Director of
DWR to enter the property containing the Nutrient Offset SCM.
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. Any third party must be affiliated with the City.
D. Force Majeure: If an event occurs before 100% of all the credits have been released in
accordance with the credit release schedule in Section VIII, then the Sponsor shall take remedial
action to restore the property to its condition prior to the event, in a manner sufficient to
provide adequate nutrient offset credits 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.
E. Force Majeure: After 100% of all the credits have been released in accordance with the credit
release schedule in Section VIII, the Sponsor will be responsible for any Nutrient Offset SCM
failure that is attributed to natural catastrophes including but not limited to flood, drought,
disease, regional pest infestation, etc. Adequate funding and appropriate financial assurances
must be in place by the Sponsor to fund remedial actions necessary to restore the Nutrient
Offset SCM.
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 Plan Approval Letters,
3. SMP 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. Annual Inspection & Maintenance Report review and approval of items listen 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.
13

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 may be subject to review as provided in Articles 3 and 4 of
G.S. 150B.
J. This Agreement shall be binding upon the parties and their successors and is entered into
knowingly, intelligently, and voluntarily.
K. Notices: All Notices and other communication 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, received via email with a delivery receipt
requested, 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. Notification to DWR is required if the contact
information below changes.
If to Bank Sponsor: 112 Goldsboro St. E.
Wilson, NC 27894
Attn: City of Wilson Stormwater Manager
City of Wilson Stormwater Division
[e-mail]
If to DWR: NC Division of Water Resources—401 & Buffer Permitting Branch
Attn: Nutrient Offset and Buffer Banking Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
14

L. Applicable Law: This Agreement shall be construed under the laws of he N r"1
Carolina.
CITY OF WILSON—STORMWATER DIVISION, NORTH CAROLINA
By: 7,4 (Print)
/4- 4-4-1-4.A' (Signature)
Title: DKec u,r 01 CAL 4tc
Date: f . 1.
CITY OF WILSON—CITY COUNCIL REPRESENTATIVE, NORTH CAROLINA
By: Car/71*t
L. Stevens (Print)
(Signature)
Title: Mayor, City of Wilson
Date: March 4, 2022
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY-DIVISION OF WATER RESOURCES
By: (Print)
(Signature)
Title:
Date:
15

This agreement, made and entered into this day of , 20 , by and between
the City of Wilson Stormwater Division,acting as the Bank Sponsor(the"Sponsor")and the North Carolina
Department of Environmental Quality - Division of Water Resources ("DWR") for the purposes of
upholding nutrient offset credits as provided by the Whirligig Station Sand Filter Nutrient Offset
Stormwater Control Measure Site ("Nutrient Offset SCM"), located in the City of Wilson, North Carolina
("City"), to be maintained;
WITNESSETH:
Whereas, the Sponsor has adopted through the City Unified Development Ordinance certain
stormwater management regulations within the City of Wilson, North Carolina and
Whereas, such regulations, including but not limited to the City of Wilson Unified Development
Ordinance, Section 12, Erosion, Flood, Stormwater and Watershed Provisions, require the Sponsor to
operate and maintain the Nutrient Offset SCM to provide storage treatment of stormwater runoff which
also provides Nutrient Offset credits to be traded under a Nutrient Offset Banking Instrument (NOBI)
approved by DWR; and
Whereas,the Sponsor has constructed a Nutrient Offset SCM to satisfy the requirements of such
regulations, the boundaries and general description of the Nutrient Offset SCM being described in
Appendix A attached hereto and incorporated herein by reference; and
Whereas,the Sponsor is the Owner of the Nutrient Offset SCM; and
Whereas,as a condition of the NOBI,the Sponsor is required to operate and maintain the Nutrient
Offset SCM in perpetuity in a manner that accomplishes the stormwater control and treatment intended,
including but not limited to ongoing nutrient reduction, and to enter into an agreement with DWR
securing that commitment;
Now, therefore, for and in consideration of the premises and the approval by DWR of the NOBI
and the nutrient offset credits generated by the Nutrient Offset SCM, the Sponsor does herby covenant
and agree with DWR that the Nutrient Offset SCM shall be held, operated, maintained, and encumbered
pursuant to the covenants and conditions hereinafter set forth;
1. No conveyance of the Nutrient Offset SCM without new Agreement.The Sponsor covenants and
agrees that it will not convey,transfer, assign, lease or otherwise release or relinquish ownership
or control of the Nutrient Offset SCM, in whole or in part, unless and until the proposed new
owner of the Nutrient Offset SCM, or any interest therein, has entered into a SCM Operation and
Maintenance Agreement with the Sponsor containing substantially the same terms and
conditions as this Agreement.
Page 1 of 9

2. Property Obligated. A legal description of all the property which is obligated to maintain the
Nutrient Offset SCM is attached hereto as Appendix A.All owners of each lot or parcel therein (or
the sole owner if there is but one parcel) at the time the obligation hereunder arises shall be
ultimately responsible for the compliance with the terms, conditions and obligations of the
Agreement.
3. Operation and Maintenance. The Sponsor shall operate, maintain, repair, and, if necessary,
reconstruct the Nutrient Offset SCM in accordance with the provisions below:
a. Maintenance of the Nutrient Offset SCM shall be at least in accordance with instructions for
all SCMs and specifically, sand filters, as described in the current NC DEQ Stormwater Design
Manual and as specified in the Operation and Maintenance Plan, Appendix B. At minimum,
maintenance activities shall conform to the guidelines contained therein, and shall maintain
the Nutrient Offset SCM as designed for optimal functioning. For the project named herein,
the specific SCM is described in Appendix A.
b. An Annual SCM Certification shall be submitted by the Sponsor and approved by DWR,
according to this Agreement. Annually, on or before December 31, the Sponsor shall submit
to DWR a certification, sealed by a registered Professional Engineer, that the Nutrient Offset
SCM is functioning as intended, plus a certification by the person or entity responsible for
maintenance that (1) the specific maintenance activities have occurred, (2) all nonroutine
maintenance has been listed and (3)that the Operation and Maintenance Plan is adequate to
ensure optimal functioning or that changes are recommended.
c. A notarized Operation and Maintenance Plan,Appendix B, shall be signed by the Sponsor and
submitted to DWR prior to approval of this agreement. Changes to the Operation and
Maintenance Plan shall be submitted with the SCM Certification, if required to maintain
optimal functioning of the SCM or to remain in compliance with the maintenance
recommendations of the Manual. Proposed changes to the Operation and Maintenance Plan
are subject to approval by DWR. Additional information may be required for reporting
purposes, as directed by DWR or designee.
d. Landscaping of the area around the Facility shall not reduce the capacity or hinder operation
and maintenance of the Nutrient Offset SCM. Landscaping shall be maintained to ensure that
landscape materials live and prosper. Re-vegetation and stabilization of areas may be
required by DWR or designee.
e. The Nutrient Offset SCM shall be maintained in a manner so as to control insects, odors and
algae as determined necessary by DWR or designee.
Page 2 of 9

f. Any fencing or other security measures shall be maintained in good condition. If no fencing
or security measures were included with original construction, they shall be added at the
Sponsor's expense at such time as DWR or designee determines that unauthorized persons
are disturbing the Nutrient Offset SCM and that security measures will help prevent such
unauthorized activity.
g. Necessary non-routine maintenance actions shall be performed in a timely manner so as to
ensure continuous performance of the Nutrient Offset SCM. All non-routine maintenance
activities shall be noted in the next yearly report.
4. Right of Inspection by DWR. The Sponsor hereby grants DWR the right, privilege, and easement
over, upon and across the Property lying between any public street or right of way and the
Nutrient Offset SCM for the purpose of inspecting, correcting, repairing, replacing or maintaining
the Nutrient Offset SCM as provided in this Agreement. This right, privilege, and easement is
appurtenant to and shall run with the Property and Nutrient Offset SCM.
5. Remedies for Violations of this Agreement.
a. If the Sponsor shall fail to satisfactorily maintain or repair the Nutrient Offset SCM as set forth
herein, or otherwise violates this Agreement, DWR may order the Sponsor to undertake
necessary actions to correct such violation. If the Sponsor fails to comply with such order
within thirty (30) days from the date thereof, DWR, in its sole discretion, may enter the
Property and perform all necessary work to place the Nutrient Offset SCM in proper working
condition. The full cost of performing the work (including but not limited to employee time,
material and supplies, vehicle and equipment use, administrative expenses, plus all contract
costs, if required for repairs, design or inspection) shall be a assessed against the Sponsor,
with such amount being due in full within thirty(30)days of service of an invoice on Sponsor,
and the Sponsor hereby agrees to timely pay the same.
Should any payment to the DWR be delayed by more than thirty (30) days after receipt the
invoice by the Sponsor, the Sponsor shall pay DWR interest, beginning on the 31st day, at the
rate of 1% per month or fraction thereof on such unpaid balance as may be due.
b. DWR shall have the right to bring an action against the City and/or each individual owner to
recover all sums due, including its expenses, damages, and its reasonable attorney fees, seek
injunctive and equitable relief, and/or such other and further relief as may be just and
appropriate.
c. The remedies provided by this paragraph are cumulative and are in addition to any other
remedies provided by law.
6. No Waiver of Breach. In the event of a breach of any term of this Agreement, any delay or failure
on the part of DWR to exercise any rights, powers, or remedies herein provided shall not be
construed as a waiver thereof or acquiescence of such breach or any future breach.
Page 3 of 9

7. Amendments.This Agreement may be amended, revised,or modified only by a written document
signed by the parties.
8. Binding Effect.The conditions and restrictions set forth herein with regard to the Nutrient Offset
SCM shall run with the land and shall bind the Sponsor and any subsequent owner(s), its heirs,
successors and assigns and all parties claiming by, through, or under them shall be taken to hold,
agree, and covenant with DWR, its successors and assigns, and with each of them to conform to,
comply with and observe said conditions and restrictions. DWR shall be deemed a beneficiary of
the conditions and restrictions set forth herein and such conditions and restrictions shall run with
land in favor of DWR.
9. Warranties of Title.The Sponsor covenants and warrants that is lawfully seized and possessed of
the Nutrient Offset SCM and real estate described in Appendix A,that it has good right and lawful
authority to enter into this Agreement for the purposes herein expressed, and that no consent or
waiver by the holder of any mortgage, deed of trust, or other security instrument, or any other
person, firm, or corporation is required prior to entering in this Agreement.
10. Interpretation. Use of the masculine gender herein includes the feminine and neuter, and the
singular number used herein shall equally include the plural. The captions preceding the various
provisions of this Agreement are for the convenience of reference only, and shall not be used as
an aid in interpretation or construction of this Agreement.The laws of North Carolina shall govern
this agreement.
11. Severability. Invalidation of any one of these covenants or conditions by judgement or order of
any court shall in no way affect any of the other provisions, which shall remain in full force and
effect.
Page 4 of 9

City of Wilson, Stormwater Division:
Title&Organization: Director of Public Works;City of Wison
Street address: 1800 Herring Ave.
City,state,zip: Wilson, NC,27893
Contact Phone number(s): 252-399-2467
Contact Email: [e-mail]
Signature: Date: 3/ 1 /2.7_
I, Ll(1Y1 VV1(A) ,a Notary Public for the State of NoY 1 [(AY Ii r1(h County of
!nliMn , do hereby certify that \N VASS personally appeared
before me this 1 W► day of m( Y(,V\ and acknowledge the due execution of the Operations
and Maintenance Agreement.
Witness my hand and official seal, V v`v 4,\Mfi
txOTAR
CAMM15Si0N EXPiFES
t71�ore22
�i PUBLP ?
'`ate cokA,
n►a
My commission expires i-`k0'lit •
Page 5 of 9

NC DWR:
Title&Organization:
Street address:
City,state,zip:
Contact Phone number(s):
Contact Email:
Signature: Date:
I, ,a Notary Public for the State of County of
,do hereby certify that personally appeared
before me this day of and acknowledge the due execution of the Operations
and Maintenance Agreement.
Witness my hand and official seal, .
My commission expires .
Page 6 of 9

Appendix A.
Description of the Nutrient Offset SCM and Property Obligated to Maintain Nutrient Offset SCM
Stormwater control measure providing stormwater nutrient removal for the subject Property identified
as "Whirligig Station" is more particularly identified as:
Nutrient Offset SCM beneath the parking lot located south of Tarboro Street W, between Kenan Street
SW and Barnes Street SW in Wilson, North Carolina.
All of the Property known as "Whirligig Station" has parcel number 3722207111 and is recorded in Deed
Book 2560, Page 365 and Plat Book 41, Page 239 in the Wilson County Registry.
Page 7 of 9

Appendix B.
Sand Filter Maintenance Requirements
Important maintenance procedures:
- The drainage area will be carefully managed to reduce the sediment load to the sand filter.
_ The sedimentation chamber or forebay will be cleaned out whenever sediment depth exceeds six
inches.
- Once a year,sand media will be skimmed.
- The sand filter media will be replaced whenever it fails to function properly after maintenance.
The sand filter shall be inspected quarterly and within 24 hours after every storm event greater than 1.0 inches(or 1.5
inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be
available upon request.
Inspection activities shall be performed as follows.Any problems that are found shall be repaired immediately.
BMP element: Potential problem: How to remediate the problem:
Entire BMP Trash/debris is present. Remove the trash/debris.
Adjacent pavement(if Sediment is present on the pavement surface. Sweep or vacuum the sediment as
applicable) soon as possible.
Perimeter of sand filter Areas of bare soil and/or erosive gullies have Regrade the soil if necessary to
formed. remove the gully,and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too long. Maintain vegetation at an
appropriate height.
Flow diversion structure The structure is clogged. Unclog the conveyance and
dispose of any sediment offsite.
The structure is damaged. Make any necessary repairs or
replace if damage is too large for
repair.
The inlet device The pipe is clogged. Unclog the pipe. Dispose of the
sediment off-site.
The pipe is cracked or otherwise damaged. Replace the pipe.
Erosion is occurring in the swale. Regrade the swale if necessary to
smooth it over and provide
erosion control devices such as
reinforced turf matting or riprap
to avoid future problems with
erosion.
Page 8 of 9

Stone verge is clogged or covered in sediment(if Remove sediment and replace
applicable). with clean stone.
Forebay or pretreatment Sediment has accumulated to a depth of greater Search for the source of the
area than six inches. sediment and remedy the problem
if possible. Remove the sediment
and stabilize or dispose of it in a
location where it will not cause
impacts to streams or the BMP.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present. Remove the weeds,preferably by
hand. If a pesticide is used,wipe it
on the plants rather than spraying.
Filter bed and underdrain Water is ponding on the surface for more than 24 Check to see if the collector
collection system hours after a storm. system is clogged and flush if
necessary. If water still ponds,
remove the top few inches of filter
bed media and replace. If water
still ponds,then consult an expert.
The outlet device Clogging has occurred. Clean out the outlet device.
Dispose of the sediment off-site.
The outlet device is damaged Repair or replace the outlet
device.
The receiving water Erosion or other signs of damage have occurred at Contact the local NC Department
the outlet. of Environment and Natural
Resources Regional Office.
Page 9 of 9

Appendix C Wilson City Limits and ETJ
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The Wilson County GIS/Mapping Department,
department wtht the Wilson County Technology �• .1,
Satins Department,a responsible for the development # i.
and maintenance d wdsou mappings data
in / +
Information System(G15)and mapping dap , in _
m peation with other County Departments,
. 1
omitted to o&ring its uxrs them s
information possible. Every effort has been made ato
sosure the ac¢nmry of this wformatiou,however,the
urces s may eats t¢dots that M scat fit Ora, ,,,, ..
as used to create the data,and its accuracy is,
therefore,not guaranteed.Users should consult original N.
cos t mre¢fy scatty of the information. Neither
Wilson County nor its employees wdl assume legal ' VA'.
respousanhty for the information provided.The resaleof f • +Nilson County GIS/Mapping data,or portions thereof,is
prohibited roles with the express written permis,;on of o 755it)O �n�;800 ,µ+ 3051,1�,1�,1415,i50ail .Nii!l,0,04
i{Wilson County. '..-
in
Owner: Narnei
March 22,2021
PIN: PIN
Deed Reference: DeedRef
Deed Acres: DeedAcres
Rail Roads M ETJ
— Streets MBuckhorn Reservior
r•I
L_, Municipal Boundaries • Surrounding Counties
Shaded Municipal Boundaries

Appendix D
Authorities pertaining to the Nutrient Offset Banking Instrument
General Statutes:
G.S. §143-214.11 Ecosystem Enhancement Program
G.S. §143-214.26 Nutrient Offset Credits
G.S. §143-214.7 Stormwater runoff rules and programs
G.S. §143-215.8B Basinwide Water Quality Management Plans
Session Laws
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 .0703 Nutrient Offset Payments
Neuse River Basin Buffer and Neuse Nutrient Strategy
Session Laws
S.L. 2019-86
S.L. 2011-394
S.L. 1998-221 (Part I)
S.L. 1995-572
Administrative Rules:
15A NCAC 02B .0701 Nutrient Strategies Definitions
15A NCAC 02B .0710 Neuse Nutrient Strategy: Purpose& Scope
15A NCAC 02B .0711 Neuse Nutrient Strategy: Stormwater
15A NCAC 02B .0712 Neuse Nutrient Strategy: Agriculture
15A NCAC 02B .0241 Delegation of Authority for the Protection and Maintenance of Existing Riparian
Buffers
1

*Credits shown below are only for Nitrogen nutrient offset credits approved by the Whirligig Station Nutrient Offset Banking Instrument(NOBI).
Whirligig Station Nutrient Offset Stormwater Control Measure
(HUC 03020203 Hominy Swamp of the Neuse River Basin within the City of Wilson Limits and Extraterritorial
Jurisdiction,excluding the Tar-Pamlico Watershed)
Nitrogen Nutrient Offset Credit Ledger
Date Last Updated:
NC DEQ Mitigation Site Project#:
Total Credits Released To Date:
Purchaser or%Credit Credits Released/ Credits Debited/Sold From
Sale/Release Date Project w/HUC# Nutrient Credit Balance Gov't Requiring
Release Available to Bank Bank
Pounds of Nitrogen Pounds of Nitrogen Pounds of Nitrogen

Appendix F
City of Wilson Entities and Roles
Entity Role
City of Wilson Stormwater Division Bank Sponsor
City of Wilson Engineering Division Long-Term Steward

DocuSign Envelope ID: D35A5166-5244-4F78-98AB-006E79DAF832 Appendix G
;;,STATE 0, ,
ROY COOPER i 1 r__-- a'
Governor ��,
, a=7
MICHAEL S.REGAN ,nr f
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
June 5,2020
DWR#2020-0579v1
Wilson County
Noah Parsons, Stormwater Compliance Specialist
City of Wilson
Post Office Box 10
Wilson,North Carolina 27894-0010
Subject: APPROVAL OF SAND FILTER SCM TO GENERATE NUTRIENT OFFSET CREDITS
Whirligig Station Sand Filter System
Dear Mr. Parsons:
The Division of Water Resources(Division)recently received a Stormwater Management Plan(SMP) for
the Whirligig Station from McAdams Company on behalf of the City of Wilson. The proposed Stormwater
Control Measure (SCM)is a sand filter system that will be constructed by and for the City of Wilson with
the intent to generate nutrient load reductions for nutrient offset credits under 15A NCAC 02B .0703. The
design of the sand filter system and its associated nutrient reduction calculations were reviewed by the
Division for compliance with 15A NCAC 02H.1050 through .1062 and parts of 15A NCAC 02B .0703(c-
d).
By copy of this letter,the Division hereby approves the SCM and authorizes that the proposed design for
the sand filter system meets the minimum design criteria as set out in 15A NCAC 02H .1050 and 1056.
Additionally, if designed, constructed and implemented in accordance with the SMP and supporting
documentation submitted to the Division, the project meets the nutrient offset credit approval standard
outlined in15A NCAC 02B .0703 (c). Any changes or modifications to the SCM may require additional
review and prior approval from the Division.
By copy of this letter,the Division also approves the applicant's request to use the Neuse Method 2 Nutrient
Offset Calculations as the appropriate method to quantify the nitrogen nutrient offset credits that are
anticipated to be generated by this system. The calculations provided in the SMP estimate that the proposed
nutrient reduction project is likely to generate approximately 63.89 pounds(lbs.)of Nitrogen nutrient offset
credits per year if designed,constructed,implemented and sustained as proposed.
Additional project approval standards will be required if the City of Wilson decides to use the nutrient offset
credits from this nutrient reduction project as a Nutrient Offset Bank. Rule requirements for nutrient offset
banks and associated providers of the nutrient offset credits are defined more specifically in 15A NCAC
02B .0703(e-g). If you have any questions or concerns regarding nutrient offset banks,please contact Katie
Merritt at [e-mail].
,D_E CZ) 512 NorNorthth CaroSalinalisb Department
uryStreet o1617 f En MviailronmentaService Center I
l Quality RaDivisionleigh of WNorthaterCaro Resoulina 2769rces
, 9-1617
NORTH CAROLINA
n.w,mwm pf Emirp..`a.tai dually 919.707.9000

DocuSign Envelope ID: D35A5166-5244-4F78-98AB-006E79DAF832
DWR#2020-0579v1
Page 2 of 2
If you have any questions or concerns regarding the SMP, please contact Chonticha McDaniel at
[e-mail].
Sincerely,
—DocuSigned by:
`-949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 &Buffer Permitting Branch
cc: Rebecca Stubbs,PE—McAdams Company(via email)
Trish D'Arconte—DWR,Non-Point Source Planning Branch(via email)
Jim Hawhee—DWR,Non-Point Source Planning Branch(via email)
DWR 401 &Buffer Permitting Branch File

Appendix H
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Appendix I
CITY OF WILSON, NORTH CAROLINA
STORMWATER MANAGEMENT FUND
STATEMENT OF REVENUES AND EXPENDITURES-BUDGET AND ACTUAL(ENCUMBRANCES INCLUDED)
FOR THE SEVEN MONTHS ENDED JANUARY 31,2021 AND 2020
2021
Percent 2020
Budget Actual Encumbrances Total of Budget Actual
OPERATING REVENUES:
Stormwater Fee $ 4,385,000 $ 2,808,686 $ $ 2,808,686 64.1% $ 2,515,957
Erosion Control Fee 3,500 3,591 3,591 102.6% 5,016
Land Disturbance Fee 8,000 6,678 6,678 83.5% 10,021
Total Operating Revenues 4,396,500 2,818,955 0 2,818,955 64.1% 2,530,994
NONOPERATING REVENUES/(EXPENSES):
Investment Income 0 34,944 34,944 0.0% 31,608
Intergovernmental Revenue 0 0 0 0.0% 0
Other 8,940 13,351 13,351 149.3% 43,709
Total Nonoperating Revenues 8,940 48,295 0 48,295 540.2% 75,317
TOTAL REVENUES 4,405,440 2,867,250 0 2,867,250 65.1% 2,606,311
FUND BALANCE APPROPRIATED 92,354 0 0 0 0.0% 0
4,497,794 2,867,250 0 2,867,250 63.7% 2,606,311
EXPENDITURES:
Current Operating:
Personnel 647,980 366,023 0 366,023 56.5% 357,013
Contract Labor 0 0 0 0 0.0% 0
Staff development 7,500 1,677 0 1,677 22.4% 3,823
Supplies 59,900 11,681 537 12,218 20.4% 14,593
Meeting supplies 500 0 0 0 0.0% 34
Maintenance 792,843 255,849 52,905 308,754 38.9% 72,656
Miscellaneous 57,723 36,058 2,330 38,388 66.5% 20,824
Storm sewer maintenance 750,000 568,751 0 568,751 75.8% 702,272
Contractual 1,551,608 407,894 56,447 464,341 29.9% 400,059
Litter control and abatement 168,500 98,292 0 98,292 58.3% 98,292
Soil Erosion/Sedimentation Control Program 2,000 0 0 0 0.0% 0
Miscellaneous other cost redistribution 0 0 0 0 0.0% 0
General Fund administrative charge 149,240 87,057 0 87,057 58.3% 67,422
Clean water management grant 0 0 0 0 0.0% 0
Capital Outlay 260,000 1,099 3,901 5,000 1.9% 2,513
Total 4,447,794 1,834,381 116,120 1,950,501 43.9% 1,739,501
Total Expenditures 4,447,794 1,834,381 116,120 1,950,501 43.9% 1,739,501
REVENUES OVER(UNDER)EXPENDITURES 50,000 1,032,869 (116,120) 916,749 1833.5% 866,810
OTHER FINANCING SOURCES&(USES)
Contributions to Other Agencies 0 0 0 0 0.0% 0
Operating Transfers from Other Funds 0 0 0 0 0.0% 0
Operating Transfers to Other Funds 0 0 0 0 0.0% (150,000)
Contingency (50,000) 0 0 0 0.0% 0
REVENUES AND OTHER SOURCES OVER
(UNDER) EXPENDITURES AND OTHER USES $ 0 $ 1,032,869 $ (116,120) $ 916,749 0.0% $ 716,810
6/2/2021 8:02 PM

Appendix J
A�o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D D/YYYY)
07/29/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Megan Unsworth,CIC,CSRM
NAME:
Surry Insurance PHONE [phone] FAX [phone]
(A/C,No,Ext): (A/C,No):
P.O. Box 128 E-MAIL [e-mail]
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Dobson NC 27017-0128 INSURER A: The Travelers Indemnity Company 25658
INSURED INSURER B: City of Wilson
City of Wilson INSURER C: Safety National Casualty Corporation 15105
PO Box 10 INSURER D: Travelers Property Casualty Company of America 36161
INSURER E:
Wilson NC 27894 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
TYPE OF INSURANCE
LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $DAMAGE 1,000,000
RENTED
CLAIMS-MADErgi OCCUR PREM SESO(Ea occurrrence) $ 500,000
MED EXP(Any one person) $
A ZLP-91M81179 07/01/2020 07/01/2021 PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLLIIESSnPER: GENERAL AGGREGATE $ 2,000,000
POLICY in PRO- in II LOC 2,000,000
II II PRODUCTS-COMP/OP AGG $
OTHER: Self-Insd Retention $ 500,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
X ANY AUTO BODILY INJURY(Per person) $
A OWNED SCHEDULED 810-2C413255 07/01/2020 07/01/2021 BODILY INJURY(Per accident) $
_AUTOS ONLY _AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY _AUTOS ONLY (Per accident)
Self-Insd Retention $ 500,000
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000
D -EXCESS LIAB CLAIMS-MADE ZUP-15T86982 07/01/2020 07/01/2021 AGGREGATE $ 4,000,000
DED I1 RETENTION $ 10'000 $
WORKERS COMPENSATION V PER OTH-
AND EMPLOYERS'LIABILITY /� STATUTE ER
Y/N 1,000,000
D. C
OFFICER/MEMBER EXCLUDED?
ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A Qualified Self-Insd/SP 4058758 07/01/2020 07/01/2021 E.L.EACH ACCIDENT $
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
Blanket Limit 110,000,000
Property
A KTK-CMB-0804R02-0-18 07/01/2020 07/01/2021 Deductible 25,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Wilson ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 10
AUTHORIZED REPRESENTATIVE
Wilson NC 27894 / LL-& �O
I
©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD

Appendix K
City of Wilson Stormwater Master Account Budget Excerpt Example
Account Description Budget Actual Balance
342-7606-573.30-36 DISTRIBUTION SYSTEM MAINT/MAINTENANCE OF MAINS $60,000.00 $8,805.62 $51,194.38
342-7606-573.30-38 DISTRIBUTION SYSTEM MAINT/LANDSCAPE RESTORATION $25,000.00 $18,000.00 $7,000.00
342-7606-573.30-42 DISTRIBUTION SYSTEM MAINT/STREAMBANK STABILIZATIO $184,343.00 $165,629.07 $18,713.93
342-7606-573.30-44 DISTRIBUTION SYSTEM MAINT/INFRASTRUC ASSET MANAGE $400,000.00 $44,271.50 $355,728.50
342-7606-573.30-45 DISTRIBUTION SYSTEM MAINT/MITIGATION BANKING
342-7606-573.31-00 MAINTENANCE/MAINTENANCE OF EQUIPMENT $25,000.00 $26,597.28 -$1,597.28
342-7606-573.32-00 MAINTENANCE/MAINTENANCE OF VEHICLES $60,000.00 $35,788.90 $24,211.10
342-7606-573.35-00 MAINTENANCE/STORM SEWER MAINTENANCE $750,000.00 $641,951.13 $108,048.87
XXX-XXXX-XXX.XX-XX MAINTENANCE/WHIRLIGIG NUTRIENT OFFSET SITE SCM ANNUAL $6,150.00

Appendix L
•Replacement or major repair costs do not exceed funds available in the Stormwater Management Fund.
•To use funds from any City account(Stormwater Management Fund)for SCM replacement or major repairs,the City's Stormwater Manager must seek approval from
City Council to initiate the budget amendment.
Primary Funding:
Stormwater
Management Fund
•If replacement or major repair costs exceed funds available in the Stormwater Management Fund,the City General Fund will be used.
•To use funds from any City account(Stormwater Management Fund or General Fund)for SCM replacement or major repairs,the City's Stormwater Manager must seek
approval from City Council to initiate the budget amendment.
Secondary Funding:
City General Fund
•If replacement or major repair costs cannot be funded by either the Stormwater Management Fund or the City General Fund,the City's insurance policy will be
accessed. If the replacement or major repair costs exceed the policy's$500,000 deductible amount,either the Stormwater Management Fund or the Risk Management
Fund,within the City General Fund,will finance the replacement or repair up to$500,000 and the insurance policy will go into effect for the remaining cost.
Tertiary Funding: •To use funds from any City account(Stormwater Management Fund,General Fund,or Risk Management Fund)for SCM replacement or major repairs,the City's
Stormwater Manager must seek approval from City Council to initiate the budget amendment.
Risk Management Fund
and City Insurance