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)
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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
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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
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the City of WilsonStormwater Division acting as ƷŷĻ .ğƓƉ {ƦƚƓƭƚƩΛͻ{ƦƚƓƭƚƩͼΜͲ ƷŷĻ /źƷǤ ƚŅ źƌƭƚƓ
9ƓŭźƓĻĻƩźƓŭ 5źǝźƭźƚƓ ğĭƷźƓŭ ğƭ ƷŷĻ ͻ\[ƚƓŭΏĻƩƒ {ƷĻǞğƩķͼͲğƓķ ƷŷĻ bƚƩƷŷ /ğƩƚƌźƓğ 5ĻƦğƩƷƒĻƓƷ ƚŅ
9ƓǝźƩƚƓƒĻƓƷğƌ vǒğƌźƷǤΑ5źǝźƭźƚƓ ƚŅ ğƷĻƩ wĻƭƚǒƩĭĻƭ Λͻ5wͼΜ͵ 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
/źƷǤƭ ƌźƒźƷƭ źƓĭƌǒķźƓŭ ĻǣƷƩğƷĻƩƩźƷƚƩźğƌ ƆǒƩźƭķźĭƷźƚƓƭ Λ9WƭΜ ƚŅ ƷŷĻ /źƷǤ ŅƚƩ ķĻǝĻƌƚƦƒĻƓƷ ΛĬƚƷŷ
existing and proposed)and for use on City projectsrequiring such nutrient offsets.See
!ƦƦĻƓķźǣ /ŅƚƩ ĻǣŷźĬźƷ ƚŅ /źƷǤƭ ƌźƒźƷƭ ğƓķ 9Wƭ͵
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 5w!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.
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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"
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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.
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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.
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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 ĻƓŭźƓĻĻƩƭ
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 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
ağƓǒğƌƭ 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.
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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.
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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)
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Contingency Plans/Remedial Actions
G.In the event the Sponsor has not maintained the Nutrient Offset SCM according to this
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Instrument and corresponding O&MAgreementand, therefore, the Nutrient Offset SCM is not
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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 Λ5wΜƒğǤ 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 ͻŷĻ {/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.
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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
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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 /źƷǤƭ
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 {/aƭ
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 /źƷǤƭ DĻƓĻƩğƌ CǒƓķ͵ŷĻ
City is obligated to maintain an undesignated fund balance equal to or greater than 8% of the
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overall General Fundoperatingbudget. Please seĻ ƷŷĻ ĭǒƩƩĻƓƷ /źƷǤƭ!ƓƓǒğƌ .ǒķŭĻƷ ŅƚƩ ƒƚƩĻ
detailed information.
N.In addition to the Stormwater Management Fund and the General Fund, the Cityis self-insured
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through a carrier (see Appendix J). The Risk Management Fund is funded annually within the
7
DĻƓĻƩğƌCǒƓķ Ļƨǒğƌ Ʒƚ ƷŷĻ ƦƚƌźĭǤƭ 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 /źƷǤƭ{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 /źƷǤƭ {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,
ͻŷźƩƌźŭźŭ bǒƷƩźĻƓƷ hŅŅƭĻƷ{źƷĻ {/a !ƓƓǒğƌ ağźƓƷĻƓğƓĭĻͼΛΏΏ͵ΏΜͲ 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
/źƷǤƭ 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 /źƷǤƭ 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
ǤĻğƩƭ ŅźƓğƌ ĬǒķŭĻƷ ƩĻĭƚƩķƭ Ǟźƌƌ ĬĻ ƦƩƚǝźķĻķ ğƌƚƓŭ ǞźƷŷ ƷŷĻ ǒƦĭƚƒźƓŭ ǤĻğƩƭ 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 5w
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 {ƦƚƓƭƚƩƭ 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.
5w 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 ƦğƩƷǤƭ
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 5źƩĻĭƷƚƩƭ 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 5wʹ 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 Λͻ5wͼΜ 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
{ƦƚƓƭƚƩƭ ĻǣƦĻƓƭĻ ğƷ ƭǒĭŷ ƷźƒĻ ğƭ 5w 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 ͻŷźƩƌźŭźŭ {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 ͻŷźƩƌźŭźŭ {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
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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
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9ƓƷźƷǤwƚƌĻ
/źƷǤ ƚŅ źƌƭƚƓ {ƷƚƩƒǞğƷĻƩ 5źǝźƭźƚƓ.ğƓƉ {ƦƚƓƭƚƩ
/źƷǤ ƚŅ źƌƭƚƓ 9ƓŭźƓĻĻƩźƓŭ 5źǝźƭźƚƓ\[ƚƓŭΏĻƩƒ {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
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Appendix H
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APPROXIMATE LOCATION EX. WATER LINE
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8" HOLLY
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8" TC
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TARBORO STREET
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60'%%P PUBLIC R/W (S.R. 1186)
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STOP SIGN
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EX. MH TOP 140.67 INV. 135.57
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13 spaces
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STOP SIGN
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DRAINAGE AREA =8.6 AC
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34 spaces
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30" SPILL CURB & GUTTER (TYP.)
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6 spaces
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39 spaces
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UNDERGROUND STORMWATER STORAGE SYSTEM
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12 spaces
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36 spaces
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6 spaces
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10 spaces
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30" CURB & GUTTER (TYP.)
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CONCRETE WHEEL STOPS (TYP.)
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Appendix H
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FUTURE TRASH RECYCLE AND COMPACTOR BY OTHERS.
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5 spaces
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RECYCLE
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DUMPSTER
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COMPACTOR
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CONC. PAD
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(36'x15')
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INGRESS/EGRESS
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EASEMENT
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STOP SIGN
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STOP SIGN
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N49°31'08"E 66.53'
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CHISLED "X"
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CURB & GUTTER
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EX. MH TOP 133.07 INV. 124.87 IN INV. 124.82 OUT
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6" PVC
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T
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GOLDSBORO STREET
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