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HomeMy WebLinkAbout20200579 Ver 1_DWR Comment Summary_FinalNOBI_3-2022_20220329 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-%20environmental%20quality/chapter%2002%20- %20environmental%20management/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-%20environmental%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 !ƷƷğĭŷƒĻƓƷ ! Α hƦĻƩğƷźƚƓ ε ağźƓƷĻƓğƓĭĻ 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 \[ Α CǒƓķźƓŭ CƌƚǞ /ŷğƩƷ 2 I.PREAMBLE ŷźƭ bǒƷƩźĻƓƷ hŅŅƭĻƷ.ğƓƉźƓŭ LƓƭƷƩǒƒĻƓƷΛͻLƓƭƷƩǒƒĻƓƷͼΜ ƩĻŭğƩķźƓŭ ƷŷĻ ĻƭƷğĬƌźƭŷƒĻƓƷͲ ǒƭĻͲ ƚƦĻƩğƷźƚƓͲ and maintenance of the Whirligig StationSand FilterNutrient Offset Stormwater Control Measure {źƷĻΛͻbǒƷƩźĻƓƷ hŅŅƭĻƷ {/aͼΜƌƚĭğƷĻķ źƓ ƷŷĻ /źƷǤ ƚŅ ‘źƌƭƚƓ Λͻ/źƷǤͼΜ Ʒƚ ƦƩƚǝźķĻ bĻǒƭĻ bǒƷƩźĻƓƷ {ƷƩğƷĻŭǤ ƓǒƷƩźĻƓƷ ƌƚğķ ƩĻķǒĭƷźƚƓĭƩĻķźƷ ΛͻbǒƷƩźĻƓƷ hŅŅƭĻƷ /ƩĻķźƷƭͼΜźƭ ƒğķĻ ğƓķ ĻƓƷĻƩĻķ źƓƷƚ ĬǤ ğƓķ ğƒƚƓŭ 1 the City of WilsonStormwater Division acting as ƷŷĻ .ğƓƉ {ƦƚƓƭƚƩΛͻ{ƦƚƓƭƚƩͼΜͲ ƷŷĻ /źƷǤ ƚŅ ‘źƌƭƚƓ 9ƓŭźƓĻĻƩźƓŭ 5źǝźƭźƚƓ ğĭƷźƓŭ ğƭ ƷŷĻ ͻ\[ƚƓŭΏĻƩƒ {ƷĻǞğƩķͼͲğƓķ ƷŷĻ bƚƩƷŷ /ğƩƚƌźƓğ 5ĻƦğƩƷƒĻƓƷ ƚŅ 9ƓǝźƩƚƓƒĻƓƷğƌ vǒğƌźƷǤΑ5źǝźƭźƚƓ ƚŅ ‘ğƷĻƩ wĻƭƚǒƩĭĻƭ Λͻ5‘wͼΜ͵ ŷĻ {ƦƚƓƭƚƩ Ǟźƌƌ ĬĻ ƩĻǞğƩķĻķ ƷŷĻ Nutrient Offset Credits and will be responsible for this Instrument. This Instrument is in accordance with 15A NCAC 02B .0701and15A NCAC 02B .0703(References#1 and 2). The purpose of theNutrient OffsetBank is: A.To generate and sell any resulting Nutrient Offset Credits to third parties located within the /źƷǤ͸ƭ ƌźƒźƷƭ źƓĭƌǒķźƓŭ ĻǣƷƩğƷĻƩƩźƷƚƩźğƌ ƆǒƩźƭķźĭƷźƚƓƭ Λ9WƭΜ ƚŅ ƷŷĻ /źƷǤ ŅƚƩ ķĻǝĻƌƚƦƒĻƓƷ ΛĬƚƷŷ existing and proposed)and for use on City projectsrequiring such nutrient offsets.See !ƦƦĻƓķźǣ /ŅƚƩ ĻǣŷźĬźƷ ƚŅ /źƷǤ͸ƭ ƌźƒźƷƭ ğƓķ 9Wƭ͵ II.LOCATION AND GEOGRAPHIC SERVICEAREA !͵ŷĻ DĻƚŭƩğƦŷźĭ {ĻƩǝźĭĻ !ƩĻğ ΛͻD{!ͼΜ źƭ ƷŷĻ ķĻƭźŭƓğƷĻķ ğƩĻğ ǞŷĻƩĻźƓ ğ .ğƓƉ ĭğƓ ƩĻğƭƚƓğĬƌǤ ĬĻ expected to sell Nutrient Offset Credits for impacts due to development activities. B.The Siteis located within the Neuse River Basin in the State of North Carolina, United States DĻƚƌƚŭźĭğƌ {ǒƩǝĻǤ Λͻ…{D{ͼΜ БΏķźŭźƷ IǤķƩƚƌƚŭźĭ …ƓźƷ /ƚķĻ ΛͻI…/ͼΜ ЉЌЉЋЉЋЉЌǞźƷŷźƓ ƷŷĻ /źƷǤ͵ C.Sale or transfer of Nutrient Offset Creditsshall be limited to the 8-digit HUC 03020203in the Neuse River Basinandwithin the City limits and ETJof the City, excluding the Tar-Pamlico Watershed, unless otherwise authorized by DWRinaccordance with 15A NCAC 02B .0703 (Reference #2)or in accordance with Session Law 2019-86 (Reference #3). D.The Nutrient Offset SCMis being used as a parking area. The project is located at 35.724181° N and 77.912967° Wwithin the City. III.AUTHORITIES A.The Bank will be used to provide Nutrient Offset Credit in accordance with the requirements in ƷŷĻ 5‘w!ǒƷŷƚƩźƷǤ ķƚĭǒƒĻƓƷ ƩĻŅĻƩĻƓĭĻķ ŷĻƩĻźƓ ğƭ ͻ!ƦƦĻƓķźǣ 5ͼğƓķ ğƷƷğĭŷĻķ Ʒƚ Ʒŷźƭ Instrument. B.Projects eligible for utilization of the credits are those requiring authorization under the requirements of Appendix Dand any new approved bƚƩƷŷ /ğƩƚƌźƓğ Λͻ{ƷğƷĻͼΜ ƭƷğƷǒƷĻƭ ğƓķ ƩǒƌĻƭ for the Neuse Nutrient Sensitive Waters Management Strategy. C.The selling of nutrient offsetcredits generated from the Nutrient Offset SCMapproved under this instrument, shall be consistent with approved State statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy. 3 Summary of Comments on RIPARIAN BUFFER AND NUTRIENT MITIGATION Page: 3 Number: 1Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:30:03 AM Later within the document, the Engineering Division is referred to as the "Engineering Division" instead of as the "Long Term Steward". I think we should say, "Engineering Division" here in the Introduction and continue to refer to the Engineering Division as the Long Term Steward where applicable. edit as follows: ...the City of Wilson Engineering Division ("Engineering Division") acting as the long term steward, ...." Make sure the Engineering Division is further referred to in the document as such instead of as "Long Term Steward" 1 D.Nutrient load educationactivities 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 thecomplete SMPwas approved byDWR. IV.ESTABLISHMENT OF NUTRIENT OFFSET SCM A.In accordance with15A NCAC 02B .0703(c and d) and 15A NCAC 02H .1050 through .1062, DWR approvedthe 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 Agreementprovided in Attachment Aattached hereto and incorporated herein by reference Λͻhεa !ŭƩĻĻƒĻƓƷͼΜǞŷźĭŷźƓĭƌǒķĻƭƷŷĻ ƒğƓğŭĻƒĻƓƷ ğƓķ ƒğźƓƷĻƓğƓĭĻ ƩĻƨǒźƩĻƒĻƓƷƭ ŅƚƩ ƷŷĻ Nutrient Offset SCM. Table 1.0 below outlines the timeline associated with the DWR approval of the Site proposed under this Instrument: ğĬƌĻ Њ͵Љ Α{/a !ƦƦƩƚǝğƌ 5ĻƷğźƌƭ Nutrient Offset DWR Site SMP Approval DWR Project ID#SMP(Final Draft) SCMEvaluationLetter Whirligig Station Sand Filter June 5, 2020 2020-0579N/AMay 11, 2020 Nutrient Offset (Appendix G) SCM B.The approved SMP for the Nutrient Offset SCM described inthis instrument will be included in the public notice for this Instrument. However, only theInstrument will be made available for public commenting for 15 calendar days. 2 C.The Nutrient Offset SCMis expected to provide Nutrient OffsetCredits in accordance with 15A NCAC 02B .0703as wellasin accordance with the O&M Agreement(Attachment A).The Nutrient Offset SCMis expected to provide Nutrient Offset Creditas follows: 1.Nitrogen loading reductionsareprovided by the voluntary-ƓƚƷ ƩĻƨǒźƩĻķ ĬǤ ğƓǤ ƭƷğƷĻͲ ƌƚĭğƌ ƚƩ ŅĻķĻƩğƌ ƦĻƩƒźƷ-construction of asand filter type of Nutrient Offset SCM. The sand filterisconstructed 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 includeall the required documentation as provided in Section VI. 4 Page: 4 Number: 1Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:19:34 AM should "education" be "reduction"? "Nutrient load reduction activities"....? Number: 2Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:22:44 AM There is no reason to refer to the O&M Agreement as Attachment A since Item A above says that it will be referenced as "O&M Agreement" from now on in the document. Remove "Attachment A' throughout the document where it occurs after Item A of this section and replace with "O&M Agreement". 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, ŷǤķƩƚŭƩğƦŷ ƩƚǒƷźƓŭ źƓŅƚƩƒğƷźƚƓͲ ƦŷƚƷƚ ƦƚźƓƷ ƌƚĭğƷźƚƓƭ ğƭ ğƦƦƩƚƦƩźğƷĻͲ ƭĻğƌĻķ ĻƓŭźƓĻĻƩ͸ƭ certificate of completion. 2.Aerial map of the Nutrient Offset SCM that was included in the approved SMP. 5 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 quarterlyand 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 requestin 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 summaryof 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 ağƓǒğƌ͸ƭ ķĻƷğźƌĻķ ƌźƭƷ ƚŅ ƦƚƷĻƓƷźğƌ ƦƩƚĬƌĻms. 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.Afinal onsite evaluationof 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 reportto 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. 1 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 appropriateto comply with this Instrument and corresponding signed O&M Agreement. 6 Page: 6 Number: 1Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:31:00 AM remove text and just cite Engineering Division (see my comments in the Introduction of the doc) 1 Contingency Plans/Remedial Actions G.In the event the Sponsor has not maintained the Nutrient Offset SCM according to this 2 Instrument and corresponding O&MAgreementand, therefore, the Nutrient Offset SCM is not 3 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 b/!/ ЉЋ. ͵ЉАЉЌ ΛŭΜΛЍΜͲ ͻ ƷŷĻ 5źǝźƭźƚƓ Λ5‘wΜƒğǤ ƷĻƒƦƚƩğƩźƌǤ ƚƩ ƦĻƩƒğƓĻƓƷƌǤ źƓǝğƌźķğƷĻ ƦĻƩƒğƓĻƓƷ ĭƩĻķźƷƭ ŭĻƓĻƩğƷĻķ ĬǤ ğƓ {/a źŅ źƷ ķĻƷĻƩƒźƓĻƭ ƷŷğƷ ƷŷĻ {/a ŷğƭ ĬĻĻƓ źƒƦğĭƷĻķ ķǒĻ Ʒƚ ŅğźƌǒƩĻ Ʒƚ ĭƚƒƦƌǤ ǞźƷŷ ƷŷĻ ƷĻƩƒƭ ƚŅ ğƓ ğƭƭƚĭźğƷĻķ ƦƩƚƆĻĭƷ ƦƌğƓͲ ƓǒƷƩźĻƓƷ ƚŅŅƭĻƷ ĬğƓƉźƓŭ źƓƭƷƩǒƒĻƓƷͲ ĻğƭĻƒĻƓƷͲ ƒğźƓƷĻƓğƓĭĻğŭƩĻĻƒĻƓƷͲ ƚƷŷĻƩ ƦƩƚƷĻĭƷźǝĻ ğŭƩĻĻƒĻƓƷͲ ƚƩ Ʒŷźƭ ƩǒƌĻͼ͵ Property Disposition & Long-TermManagement I͵LƓ ğĭĭƚƩķğƓĭĻ ǞźƷŷ ЊЎ! b/!/ ЉЋ. ͵ЉАЉЌ ΛŭΜΛЍΜͲ ͻŷĻ {/a ƭŷğƌƌ ĬĻ ƦƌğĭĻķ źƓ ğƓķ ƦƩƚƷĻĭƷĻķ ĬǤ ƩĻĭƚƩķĻķ ķƩğźƓğŭĻ ĻğƭĻƒĻƓƷƭ ǞźƷŷ ƩĻĭƚƩķĻķ ğĭĭĻƭƭ ĻğƭĻƒĻƓƷƭ Ʒƚ ƷŷĻ ƓĻğƩĻƭƷ ƦǒĬƌźĭ ƩźŭŷƷΏƚŅΏǞğǤ ŅƚƩ ƦǒƩƦƚƭĻƭ ƚŅ ƚƦĻƩğƷźƚƓ ğƓķ ƒğźƓƷĻƓğƓĭĻ͵ ŷĻƭĻ ĻğƭĻƒĻƓƷƭ ƭŷğƌƌ ĬĻ ŭƩğƓƷĻķ źƓ ŅğǝƚƩ ƚŅ ƷŷĻ ƦĻƩƭƚƓ ƚƩ ĻƓƷźƷǤ ƩĻƭƦƚƓƭźĬƌĻ ŅƚƩ ƚƦĻƩğƷźƓŭ ğƓķ ƒğźƓƷğźƓźƓŭ ƷŷĻ ƭƷƩǒĭƷǒƩĻƭͲ ǞźƷŷ ğ ƓƚƷĻ ğƭ Ʒƚ ƷŷĻ ƩĻƭƦƚƓƭźĬƌĻ ƦĻƩƭƚƓ ƚƩ ĻƓƷźƷǤ͵ 9ğƭĻƒĻƓƷƭ ƭŷğƌƌ ĬĻ ƚŅ ƭǒŅŅźĭźĻƓƷ ǞźķƷŷ ŅƚƩ źƓƭƦĻĭƷźƚƓ ğƓķ ƒğźƓƷĻƓğƓĭĻ ƚŅ ƷŷĻ ƦƩƚƆĻĭƷͼ. I.Prior to the release of any credits, the Sponsor will record permanent maintenance and access easements at the WilsonCounty Register of Deeds sufficient to ensure protection, operation, and maintenance of the Nutrient Offset SCMin 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 DWRprior 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 thatmay 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 Page: 7 Number: 1Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:35:27 AM I removed "therefore" and replaced with "and/or" because failure to maintain the SCM may not always result in the SCM not operating efficiently Number: 2Author: kymerrittSubject: Cross-OutDate: 3/29/2022 10:32:55 AM Number: 3Author: kymerrittSubject: Inserted TextDate: 3/29/2022 10:34:59 AM and/or 1 Financial Assurances M.For replacement costs, the City has two fund balances that the Sponsor can rely on in an event 2 that Nutrient Offset SCM replacement or major repair isneeded, the Stormwater Management 3 4 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 ƩĻƦƌğĭĻƒĻƓƷ ĭƚƭƷƭ ƚŅ ƷŷĻ bǒƷƩźĻƓƷ hŅŅƭĻƷ {/a͵ .ĻĭğǒƭĻ ƷŷĻƭĻ ŅǒƓķƭ ğƩĻ ƭƚǒƩĭĻƭ ŅƩƚƒ ƷŷĻ /źƷǤ͸ƭ citizens, the City has a responsibility to perform repairs within a responsible time frame. (Additionally, the City and the Sponsor have an ƚĬƌźŭğƷźƚƓ Ʒƚ ƒğźƓƷğźƓ ƷŷĻ bǒƷƩźĻƓƷ hŅŅƭĻƷ {/a͸ƭ functionality perthe Hominy Swamp Restoration Plan for Category 4b demonstration). Therefore, major repairs to the Nutrient Offset SCM would be prioritized from theseavailable fundsinitially. However, in the case that the replacement costs aregreater than the available Stormwater Management Fund balance, the SponƭƚƩ ƒğǤ ǒƷźƌźǩĻ ƷŷĻ /źƷǤ͸ƭ DĻƓĻƩğƌ CǒƓķ͵ŷĻ City is obligated to maintain an undesignated fund balance equal to or greater than 8% of the 5 overall General Fundoperatingbudget. Please seĻ ƷŷĻ ĭǒƩƩĻƓƷ /źƷǤ͸ƭ!ƓƓǒğƌ .ǒķŭĻƷ ŅƚƩ ƒƚƩĻ detailed information. N.In addition to the Stormwater Management Fund and the General Fund, the Cityis self-insured 6 through a carrier (see Appendix J). The Risk Management Fund is funded annually within the 7 DĻƓĻƩğƌCǒƓķ Ļƨǒğƌ Ʒƚ ƷŷĻ ƦƚƌźĭǤ͸ƭ ķĻķǒĭƷźĬƌĻ ğƒƚǒƓƷ͵ LŅƷŷĻ ĭƚƭƷ ƚŅ ƷŷĻbǒƷƩźĻƓƷ hŅŅƭĻƷ {/a replacement or major repairis greater thanthe $500,000deductible amount, either the Stormwater Management Fund or the Risk Management Fund will finance the replacement or repair up to $500,000 andthe insurance policy will go into effectfor 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 ƷŷĻ /źƷǤ͸ƭ{ƷƚƩƒǞğƷĻƩ ağƓğŭĻƩͲƒǒƭƷ ƭĻĻƉ ğƦƦƩƚǝal from City Council to initiate the budget 8 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 Instrumentand upon ƭźŭƓğƷǒƩĻ ĬǤ ƷŷĻ /źƷǤ͸ƭ {ƷƚƩƒǞğƷĻƩ ağƓğŭĻƩ͵ P.Following approval of the Instrument, the Sponsor shall provide documentation to DWR demonstratingand itemizingannual operation and maintenance costsand commit to adding those costs to the Citybudgetas an expenditure line item, Nutrient OffsetSCM Maintenance 9 and Repair, in the Stormwater Management Fund(Appendix I) in perpetuity. An account, ͻ‘ŷźƩƌźŭźŭ bǒƷƩźĻƓƷ hŅŅƭĻƷ{źƷĻ {/a !ƓƓǒğƌ ağźƓƷĻƓğƓĭĻͼΛ–––Ώ––––Ώ–––͵––Ώ––ΜͲ Ǟźƌƌ ĬĻ ĭƩĻğƷĻķ with a minimum amount to be budgeted annually of $6,150within the City of Wilson Stormwater Master Accounts and Budget (Appendix K). This account will be included in the /źƷǤ͸ƭ ĬǒķŭĻƷ źƓ ğ ƒğƓƓĻƩ ƷŷğƷ źƭ ƦƩƚƷĻĭƷĻķ źƓ ƦĻƩƦetuity. 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 costof $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 ofmaterials (sand filter media, underdrains, etc.) of the Nutrient Offset SCM was $60,000. Therefore, the overall Nutrient Offset SCM cost is considered 8 Page: 8 Number: 1Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 11:28:55 AM based on conversation today, remove references to Appendix I and J and update Appendices accordingly. Number: 2Author: kymerrittSubject: Cross-OutDate: 3/29/2022 10:38:05 AM Number: 3Author: kymerrittSubject: Inserted TextDate: 3/29/2022 10:38:01 AM replacement or major repair of the Nutrient Offset SCM Number: 4Author: kymerrittSubject: Cross-OutDate: 3/29/2022 11:27:40 AM Number: 5Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:45:17 AM for this last sentence, is there a specific reference we can add, like a link where this budget will always be provided for the public to see? If not, then i suggest rewriting the last sentence to read as follows: "A good resource for more detailed information would be to view the most current version of the City's Annual Budget for that year. Number: 6Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:47:15 AM we have not defined "Risk Management Fund". Can we say that Appendix J represents that "Risk Management Fund"? if so, add language that speaks to that in the first sentence, which would formally introduce the Risk Management Fund. Number: 7Author: kymerrittSubject: Inserted TextDate: 3/29/2022 11:27:18 AM a liability insurance provider Number: 8Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:49:47 AM There is a reference to a "Replacement Fund" here, but i have not seen that term used yet in this section. Should it be the "General Fund" or the "Risk Management Fund" instead? If this represents a 4th type of fund, we need to formally introduce it before referring to it so formally. Number: 9Author: kymerrittSubject: Cross-OutDate: 3/29/2022 11:27:27 AM $410,000. The Whirligig Nutrient OffsetSite SCM Annual Maintenance budget of $6,150is 1.5% of the total construction cost of the sand filterportionoftheoverallNutrient 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. v͵5ƚĭǒƒĻƓƷğƷźƚƓ ƚŅ ƷŷĻ /źƷǤ͸ƭ ĬǒķŭĻƷ Ǟźƌƌ ĬĻ ƦƩƚǝided to DWR annually by the Sponsor at the end of each fiscal year for fiveconsecutiveyears after approval of this Instrument. The completed ǤĻğƩ͸ƭ ŅźƓğƌ ĬǒķŭĻƷ ƩĻĭƚƩķƭ Ǟźƌƌ ĬĻ ƦƩƚǝźķĻķ ğƌƚƓŭ ǞźƷŷ ƷŷĻ ǒƦĭƚƒźƓŭ ǤĻğƩ͸ƭ ĬǒķŭĻƷ ƦƌğƓ Ʒƚ 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 1 2 3 the City for this Nutrient Offset SCM. 4 VII.CALCULATION OF NITROGEN NUTRIENT OFFSET CREDITS Nutrient Offset Credits A.Nutrient Offset Credit Generation by the Nutrient Offset SCM: The Sponsor and DWRagree: The calculations provided in the approved SMP estimate that the proposed Nutrient Offset SCM is likely to generate approximately 1,916pounds (lbs)of Nitrogen Nutrient Offset Credits (or 63.89lbs 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 salesin pounds using the ledger provided in Appendix Euntil 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. ŷźƭ ƭƦğĭĻ ƌĻŅƷ ĬƌğƓƉ źƓƷĻƓƷźƚƓğƌƌǤͲ ķƚ ƓƚƷ ğķķ ƷĻǣƷ Ʒƚ Ʒŷźƭ ƭƦğĭĻ͵ 9 Page: 9 Number: 1Author: kymerrittSubject: Inserted TextDate: 3/29/2022 10:53:03 AM for initial construction costs Number: 2Author: kymerrittSubject: Inserted TextDate: 3/29/2022 10:54:05 AM necessary Number: 3Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:53:33 AM the SPonsor is the one required for securing financial assurances, not the City. Number: 4Author: kymerrittSubject: Inserted TextDate: 3/29/2022 10:53:19 AM Sponsor 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 (lbs) SMP Approved, O&M Agreement Approved & Recorded, Instrument Approved, Post Construction Financial Assurances 1,533.36 1 Secured, Complete As-Built Report & Engineer's Certificate (80%) Received, Maintenance & Access Easements Recorded. Year 1 Inspection & Maintenance Report approved by DWR* and 2 76.67 (4%) confirmation of funding provided for the next full year. Year 2 Inspection & Maintenance Report approved by DWR* and 3 76.67 (4%) confirmation of funding provided for the next full year. Year 3 Inspection & Maintenance Report approved by DWR* and 4 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 ½ 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 th Nutrient Offset SCM by the 10 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. 1 G.These Nutrient Offset credits will not be sold to the Division of Mitigation Services through any 2 Request for Proposals (RFP). 11 Page: 11 Number: 1Author: kymerrittSubject: Cross-OutDate: 3/29/2022 10:58:50 AM Number: 2Author: kymerrittSubject: Inserted TextDate: 3/29/2022 11:01:39 AM Modify this item since it's a choice that the Sponsor decided to do, and not a directive required by the DWR: The Sponsor does not intend on selling the Nutrient Offset Credits to satisfy Requests for Proposals from the Division of Mitigation Services In-Lieu Fee program. Nutrient Offset Credit Transfer Certificates H.All credit sales will include a Nutrient Offset CƩĻķźƷ ƩğƓƭŅĻƩ /ĻƩƷźŅźĭğƷĻ Λͻ/ĻƩƷźŅźĭğƷĻδΜ ƷŷğƷ źƭ 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 ΛǒƓƷźƌ 5‘w ƷƩğƓƭźƷźƚƓƭ ĬǒǤĻƩƭ ğƓķ ƭĻƌƌĻƩƭ ƚŅ ƓǒƷƩźĻƓƷ ƚŅŅƭĻƷ ĭƩĻķźƷƭ Ʒƚ ǒƓźƷƭ ƚŅ ƦƚǒƓķƭ ƦĻƩ ǤĻğƩͲ ğƷ Ǟŷźĭŷ ƷźƒĻ ƷŷĻ ƌĻķŭĻƩ ƭŷƚǒƌķ ĬĻ ƒƚķźŅźĻķ Ʒƚ ğĭĭƚƒƒƚķğƷĻ ƷŷĻ ƓĻǞ ǒƓźƷƭΜ 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, anķ ΛЎ Α ǞŷĻƓ ğƦƦƌźĭğĬƌĻΜ ķĻƭźŭƓğƷĻķ ƌƚĭğƌ 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.!ƓǤ ƷƩğƓƭŅĻƩ ƚŅ ƷŷĻ {ƦƚƓƭƚƩ͸ƭ Ʃźŭŷts 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. 5‘w ƒǒƭƷ ĭƚƓĭǒƩ źƓ ǞƩźƷźƓŭ ƷŷğƷ ğ ŅƚƩĭĻ ƒğƆĻǒƩĻ ĻǝĻƓƷ ŷğƭ ƚĭĭǒƩƩĻķ ŅƚƩ Ʒŷźƭ ƦƩƚǝźƭźƚƓ Ʒƚ ğƦƦƌǤ͵ 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. 1 )_ G.ğƌźķźƷǤ ƚŅ Ʒŷźƭ LƓƭƷƩǒƒĻƓƷʹ ŷźƭ LƓƭƷƩǒƒĻƓƷ Ǟźƌƌ ĬĻĭƚƒĻ ǝğƌźķ ƚƓ ƷŷĻ ķğƷĻ ƚŅ ƷŷĻ ƌğƭƷ ƦğƩƷǤ͸ƭ 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 ŅƚƩ ğ ķĻĭźƭźƚƓ͵ ŷĻ 5źƩĻĭƷƚƩ͸ƭ ķĻĭźƭźƚƓ ƒğǤ ĬĻ ƭǒĬƆĻĭƷ Ʒƚ ƩĻǝźĻǞ ğƭ ƦƩƚǝźķĻķ źƓ !ƩƷźĭƌĻƭ Ќ ğƓķ Ѝ ƚŅ 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 nparsons@wilsonnc.org LŅ Ʒƚ 5‘wʹ b/ 5źǝźƭźƚƓ ƚŅ ‘ğƷĻƩ wĻƭƚǒƩĭĻƭ Α ЍЉЊ ε .ǒŅŅĻƩ tĻƩƒźƷƷźƓŭ .ƩğƓĭŷ Attn: Nutrient Offset and Buffer Banking Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 14 Page: 14 Number: 1Author: kymerrittSubject: Cross-OutDate: 3/29/2022 11:04:31 AM Carlton L. Stevens Mayor, City of Wilson March 4, 2022 1 This agreement, made and entered into this ______ day of ________, 20____, by and between the City of WilsonStormwater Division, acting as the .ğƓƉ {ƦƚƓƭƚƩ ΛƷŷĻ ͻ{ƦƚƓƭƚƩͼΜ ğƓķ ƷŷĻ bƚƩƷŷ /ğƩƚƌźƓğ 5ĻƦğƩƷƒĻƓƷ ƚŅ 9ƓǝźƩƚƓƒĻƓƷğƌ vǒğƌźƷǤ Ώ5źǝźƭźƚƓ ƚŅ ‘ğƷĻƩ wĻƭƚǒƩĭĻƭ Λͻ5‘wͼΜ ŅƚƩ ƷŷĻ ƦǒƩƦƚƭĻƭ ƚŅ upholding nutrient offset credits as provided by the Whirligig Station Sand Filter Nutrient Offset {ƷƚƩƒǞğƷĻƩ /ƚƓƷƩƚƌ aĻğƭǒƩĻ {źƷĻ ΛͻbǒƷƩźĻƓƷ hŅŅƭĻƷ {/aͼ), located in the City of Wilson, North Carolina Λͻ/źƷǤͼΜͲ Ʒƚ ĬĻ ƒğźƓƷğźƓĻķͳ WITNESSETH: Whereas, the Sponsorhas adopted through the City Unified Development Ordinance certain stormwater management regulations withinthe 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 Sponsorto operate and maintain the Nutrient OffsetSCMto provide storage treatment of stormwater runoff which also providesNutrient Offset credits to be traded under a Nutrient Offset Banking Instrument(NOBI) approved by DWR; and 2 Whereas, the Sponsorhas constructed aNutrient Offset SCMto satisfy the requirements of such regulations, the boundaries and general description of the Nutrient Offset SCMbeing described in 3 Appendix A attached hereto and incorporated herein by reference; and Whereas, the Sponsoris the Owner of the Nutrient Offset SCM; and Whereas, as a condition of the NOBI, the Sponsoris required to operate and maintain the Nutrient Offset SCMin 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 DWRof the NOBI 45 and the nutrient offset credits generated by the Nutrient Offset SCM, the Sponsordoes herby covenant 67 89 and agree with DWRthat the Nutrient Offset SCMshall be held, operated, maintained, and encumbered pursuant to the covenants and conditions hereinafter set forth; 1.No conveyance of the Nutrient Offset SCMwithout new Agreement.The Sponsorcovenants 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 Sponsorcontaining substantially the same terms and conditions as this Agreement. Page 1 of 9 Page: 16 Number: 1Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:12:31 AM add a cover page before this document and title it "Attachment A - Operation & Maintenance Agreement with Appendix A & Appendix B" Number: 2Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 11:09:18 AM the MBI is an "Agreement" whereas the UDO is your "Regulations". I think it shouldesay "regulations and agreements" Number: 3Author: kymerrittSubject: Inserted TextDate: 3/29/2022 11:08:29 AM and agreements Number: 4Author: kymerrittSubject: Cross-OutDate: 3/29/2022 11:10:48 AM Number: 5Author: kymerrittSubject: Cross-OutDate: 3/29/2022 11:10:51 AM Number: 6Author: kymerrittSubject: Inserted TextDate: 3/29/2022 11:10:50 AM O Number: 7Author: kymerrittSubject: Inserted TextDate: 3/29/2022 11:10:54 AM C Number: 8Author: kymerrittSubject: Inserted TextDate: 3/29/2022 11:10:48 AM N Number: 9Author: kymerrittSubject: Inserted TextDate: 3/29/2022 11:11:14 AM hereby 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 {ƦƚƓƭƚƩ͸ƭ ĻǣƦĻƓƭĻ ğƷ ƭǒĭŷ ƷźƒĻ ğƭ 5‘w ƚƩ ķĻsignee 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 st invoice by the Sponsor, the Sponsor shall pay DWR interest, beginning on the 31 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 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 ğƭ ͻ‘ŷźƩƌźŭźŭ {ƷğƷźƚƓͼ źƭ ƒƚƩĻ 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. !ƌƌ ƚŅ ƷŷĻ tƩƚƦĻƩƷǤ ƉƓƚǞƓ ğƭ ͻ‘ŷźƩƌźŭźŭ {ƷğƷźƚƓͼ ŷğƭ ƦğƩĭĻƌ ƓǒƒĬĻƩ ЌАЋЋЋЉАЊЊЊ ğƓķ źƭ ƩĻĭƚƩķĻķ źƓ 5ĻĻķ 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 damagedRepair 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 Page: 24 Number: 1Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:13:15 AM Add a cover letter before this map and title it "Appendices C-L" Appendix C 1 2 Page: \[1\] Model Number: 1Author: rosaSubject: Text BoxDate: 11/10/2021 3:01:13 PM -05'00' Appendix C Number: 2Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:10:32 AM the colors in the legend show up as all Black. Correct the map so that the legend colors match the map colors for those labels. 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 1 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 Page: 26 Number: 1Author: kymerrittSubject: Sticky NoteDate: 3/29/2022 10:14:13 AM Katie to update this *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 DateProject w/ HUC #Nutrient Credit BalanceGov't Requiring ReleaseAvailable to BankBank Pounds of NitrogenPounds of NitrogenPounds of Nitrogen 1 ndix F Appe /źƷǤ ƚŅ ‘źƌƭƚƓ 9ƓƷźƷźĻƭ ğƓķ wƚƌĻƭ 9ƓƷźƷǤwƚƌĻ /źƷǤ ƚŅ ‘źƌƭƚƓ {ƷƚƩƒǞğƷĻƩ 5źǝźƭźƚƓ.ğƓƉ {ƦƚƓƭƚƩ /źƷǤ ƚŅ ‘źƌƭƚƓ 9ƓŭźƓĻĻƩźƓŭ 5źǝźƭźƚƓ\[ƚƓŭΏĻƩƒ {ƷĻǞğƩķ Page: 28 Number: 1Author: rosaSubject: Text BoxDate: 6/2/2021 7:55:20 PM Appendix F 1 Appendix G 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 katie.merritt@ncdenr.gov. Page: 29 Number: 1Author: rosaSubject: Text BoxDate: 6/2/2021 7:55:41 PM Appendix G DWR # 2020-0579v1 Page 2 of 2 If you have any questions or concerns regarding the SMP, please contact Chonticha McDaniel at chonticha.mcdaniel@ncdenr.gov. Sincerely, 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 1 2 4 3 5 7 6 8 9 10 11 12 13 14 16 15 17 18 19 20 21 22 23 24 Page: \[1\] SP3-SITE PLAN Number: 1Author: rosaSubject: Text BoxDate: 6/2/2021 7:58:35 PM Appendix H Number: 2Author: AutoCAD SHX TextDate: Indeterminate APPROXIMATE LOCATION EX. WATER LINE Number: 3Author: AutoCAD SHX TextDate: Indeterminate 8" HOLLY Number: 4Author: AutoCAD SHX TextDate: Indeterminate 8" TC Number: 5Author: AutoCAD SHX TextDate: Indeterminate TARBORO STREET Number: 6Author: AutoCAD SHX TextDate: Indeterminate 60'%%P PUBLIC R/W (S.R. 1186) Number: 7Author: AutoCAD SHX TextDate: Indeterminate STOP SIGN Number: 8Author: AutoCAD SHX TextDate: Indeterminate EX. MH TOP 140.67 INV. 135.57 Number: 9Author: AutoCAD SHX TextDate: Indeterminate 13 spaces Number: 10Author: AutoCAD SHX TextDate: Indeterminate STOP SIGN Number: 11Author: AutoCAD SHX TextDate: Indeterminate DRAINAGE AREA =8.6 AC Number: 12Author: AutoCAD SHX TextDate: Indeterminate 13 spaces Number: 13Author: AutoCAD SHX TextDate: Indeterminate 34 spaces Number: 14Author: AutoCAD SHX TextDate: Indeterminate 30" SPILL CURB & GUTTER (TYP.) Number: 15Author: AutoCAD SHX TextDate: Indeterminate 6 spaces Number: 16Author: AutoCAD SHX TextDate: Indeterminate 39 spaces Number: 17Author: AutoCAD SHX TextDate: Indeterminate UNDERGROUND STORMWATER STORAGE SYSTEM Number: 18Author: AutoCAD SHX TextDate: Indeterminate 12 spaces Number: 19Author: AutoCAD SHX TextDate: Indeterminate 36 spaces Number: 20Author: AutoCAD SHX TextDate: Indeterminate 6 spaces Number: 21Author: AutoCAD SHX TextDate: Indeterminate 10 spaces Number: 22Author: AutoCAD SHX TextDate: Indeterminate 30" CURB & GUTTER (TYP.) Number: 23Author: AutoCAD SHX TextDate: Indeterminate CONCRETE WHEEL STOPS (TYP.) Number: 24Author: AutoCAD SHX TextDate: Indeterminate Comments from page \[1\] SP3-SITE PLAN continued on next page Appendix H 27 28 25 26 30 31 29 33 34 32 35 36 37 38 39 40 41 42 43 44 46 45 47 48 5' ACCESS RAMP Number: 25Author: AutoCAD SHX TextDate: Indeterminate FUTURE TRASH RECYCLE AND COMPACTOR BY OTHERS. Number: 26Author: AutoCAD SHX TextDate: Indeterminate 5 spaces Number: 27Author: AutoCAD SHX TextDate: Indeterminate RECYCLE Number: 28Author: AutoCAD SHX TextDate: Indeterminate DUMPSTER Number: 29Author: AutoCAD SHX TextDate: Indeterminate 5 spaces Number: 30Author: AutoCAD SHX TextDate: Indeterminate COMPACTOR Number: 31Author: AutoCAD SHX TextDate: Indeterminate CONC. PAD Number: 32Author: AutoCAD SHX TextDate: Indeterminate 4 spaces Number: 33Author: AutoCAD SHX TextDate: Indeterminate (36'x15') Number: 34Author: AutoCAD SHX TextDate: Indeterminate (26'x15') Number: 35Author: AutoCAD SHX TextDate: Indeterminate 4 spaces Number: 36Author: AutoCAD SHX TextDate: Indeterminate 10 spaces Number: 37Author: AutoCAD SHX TextDate: Indeterminate 3 spaces Number: 38Author: AutoCAD SHX TextDate: Indeterminate INGRESS/EGRESS Number: 39Author: AutoCAD SHX TextDate: Indeterminate EASEMENT Number: 40Author: AutoCAD SHX TextDate: Indeterminate STOP SIGN Number: 41Author: AutoCAD SHX TextDate: Indeterminate STOP SIGN Number: 42Author: AutoCAD SHX TextDate: Indeterminate N49°31'08"E 66.53' Number: 43Author: AutoCAD SHX TextDate: Indeterminate CHISLED "X" Number: 44Author: AutoCAD SHX TextDate: Indeterminate CURB & GUTTER Number: 45Author: AutoCAD SHX TextDate: Indeterminate EX. MH TOP 133.07 INV. 124.87 IN INV. 124.82 OUT Number: 46Author: AutoCAD SHX TextDate: Indeterminate 6" PVC Number: 47Author: AutoCAD SHX TextDate: Indeterminate T Number: 48Author: AutoCAD SHX TextDate: Indeterminate GOLDSBORO STREET Comments from page \[1\] SP3-SITE PLAN continued on next page