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HomeMy WebLinkAbout20200579 Ver 1_Signed NOBI - Whirligig SCM_20220620AGREEMENT 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.oa h.state. nc.us/ncac/title%2015a%20-%20environmenta I%20quality/chapter%2002%20- %20environ menta I%20management/subchapter%20b/15a%20ncac%2002b%20.0701.pdf 2. Nutrient Offset Credit Trading Rule Text 15A NCAC 02B .0703 http://reports.oa h.state.nc. us/ncac/title%2015a%20-%20environmenta l%20quality/chapter%2002%20- %20environ mental%20management/subchapter%20b/15a%20ncac%2002b%20.0703.pdf 3. NC Session Law 2019- 86 " Nutrient Offset Credits": https://ncleg.gov/EnactedLegislation/Session Laws/HTML/2019-2020/SL2019-86.html Attachment A — Operation & Maintenance Agreement (with Appendix A and B) 1 APPENDICES C — City of Wilson Limits and Extraterritorial Jurisdictions Map D — Division of Water Resources Authority Document E — Nitrogen Nutrient Offset Ledger Template F — City Entities and Roles Table G — Stormwater Management Plan Approval Letter H — Whirligig Station Sand Filter Stormwater Control Measure Drainage Area Map I — City of Wilson Stormwater Master Accounts and Budget Excerpt J — Funding Flow Chart I. PREAMBLE This Nutrient Offset Banking Instrument ("Instrument") regarding the establishment, use, operation, and maintenance of the Whirligig Station Sand Filter Nutrient Offset Stormwater Control Measure Site ("Nutrient Offset SCM") located in the City of Wilson ("City") to provide Neuse Nutrient Strategy nutrient load reduction credit ("Nutrient Offset Credits") is made and entered into by and among the City of Wilson Stormwater Division acting as the Bank Sponsor ("Sponsor"), the City of Wilson Engineering Division ("Engineering Division") acting as the long term steward, and the North Carolina Department of Environmental Quality — Division of Water Resources ("DWR"). The Sponsor will be rewarded the Nutrient Offset Credits and will be responsible for this Instrument. This Instrument is in accordance with 15A NCAC 02B .0701 and 15A NCAC 02B .0703 (References # 1 and 2). The purpose of the Nutrient Offset Bank is: A. To generate and sell any resulting Nutrient Offset Credits to third parties located within the City's limits including extraterritorial jurisdictions (ETJs) of the City for development (both existing and proposed) and for use on City projects requiring such nutrient offsets. See Appendix C for exhibit of City's limits and ETJs. II. LOCATION AND GEOGRAPHIC SERVICE AREA A. The Geographic Service Area ("GSA") is the designated area wherein a Bank can reasonably be expected to sell Nutrient Offset Credits for impacts due to development activities. B. The Site is located within the Neuse River Basin in the State of North Carolina, United States Geological Survey ("USGS") 8-digit Hydrologic Unit Code ("HUC") 03020203 within the City. C. Sale or transfer of Nutrient Offset Credits shall be limited to the 8-digit HUC 03020203 in the Neuse River Basin and within the City limits and ETJ of the City, excluding the Tar -Pamlico Watershed, unless otherwise authorized by DWR in accordance with 15A NCAC 02B .0703 (Reference #2) or in accordance with Session Law 2019-86 (Reference #3). D. The Nutrient Offset SCM is being used as a parking area. The project is located at 35.724181° N and 77.912967° W within the City. III. AUTHORITIES A. The Bank will be used to provide Nutrient Offset Credit in accordance with the requirements in the DWR Authority document referenced herein as "Appendix D" and attached to this Instrument. B. Projects eligible for utilization of the credits are those requiring authorization under the requirements of Appendix D and any new approved North Carolina ("State") statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy. 3 C. The selling of nutrient offset credits generated from the Nutrient Offset SCM approved under this instrument, shall be consistent with approved State statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy. D. Nutrient load reduction activities proposed under this Instrument and corresponding Stormwater Management Plan (SMP) to generate Nutrient Offset Credits shall be consistent with State statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy that are in place at the time the complete SMP was approved by DWR. IV. ESTABLISHMENT OF NUTRIENT OFFSET SCM A. In accordance with 15A NCAC 02B .0703 (c and d) and 15A NCAC 02H .1050 through .1062, DWR approved the Whirligig Station Sand Filter Stormwater Management Plan (SMP). The approved SMP included the modified sand filter design calculations and nitrogen offset calculations as well as the original design calculations. The Sponsor shall comply with all parts of the O&M Agreement provided in Attachment A attached hereto and incorporated herein by reference ("O&M Agreement") which includes the management and maintenance requirements for the Nutrient Offset SCM. Table 1.0 below outlines the timeline associated with the DWR approval of the Site proposed under this Instrument: Table 1.0 — SCM Approval Details Nutrient Offset SCM DWR Project ID# DWR Site Evaluation SMP (Final Draft) SMP Approval Letter Whirligig Station Sand Filter Nutrient Offset SCM 2020-0579 N/A May 11, 2020 June 5, 2020 (Appendix G) B. The approved SMP for the Nutrient Offset SCM described in this instrument will be included in the public notice for this Instrument. However, only the Instrument will be made available for public commenting for 15 calendar days. C. The Nutrient Offset SCM is expected to provide Nutrient Offset Credits in accordance with 15A NCAC 02B .0703 as well as in accordance with the O&M Agreement. The Nutrient Offset SCM is expected to provide Nutrient Offset Credit as follows: 1. Nitrogen loading reductions are provided by the voluntary- not required by any state, local or federal permit- construction of a sand filter type of Nutrient Offset SCM. The sand filter is constructed between Tarboro Street SW and Goldsboro Street SW in the downtown area of the City in North Carolina. The Nutrient Offset SCM treats approximately 8.61 acres of impervious area. D. An As -built Report is required by DWR and shall include all the required documentation as provided in Section VI. 4 V. STORMWATER MANAGEMENT PLAN A. The SMP for the Nutrient Offset SCM was submitted to the DWR for review under 15A NCAC 02H .1050 through .1062 and parts of 15A NCAC 02B .0703 (c-d). The SMP was approved on June 5, 2020. The SMP included Operation and Maintenance measures that would be required for the SCM. Permitting B. The Sponsor obtained an erosion control permit from the North Carolina Division of Energy, Mineral, and Land Resources needed for construction and to maintain the Nutrient Offset SCM. This Instrument does not qualify as, or substitute for, such documentation, permit, or authorization. Construction C. Construction of the Nutrient Offset SCM began in June 2020 after DWR approved the Nutrient Offset SCM design via the SMP Approval letter (June 5, 2020). Construction was completed in July of 2020. D. Requests for deviation from the approved SMP must be submitted to DWR in writing. Written approval from the DWR must be received prior to implementing any deviation from the approved SMP. VI. POST CONSTRUCTION DOCUMENTATION As -Built Report A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this Instrument and corresponding SMP, to establish, operate, and maintain the Nutrient Offset SCM until Items C (1), (2) and (3) of Section X have been satisfied. B. The Sponsor will submit an as -built plan for the Nutrient Offset SCM after receiving approval of this Instrument and prior to any nutrient offset credits being released by the DWR. The As -Built report will describe any deviation from the approved SMP and will document the following: 1. Stormwater SCMs: outlet structure information, surface area/volume calculations, hydrograph routing information, photo point locations as appropriate, sealed engineer's certificate of completion. 2. Aerial map of the Nutrient Offset SCM that was included in the approved SMP. 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 quarterly and within 24 hours after a storm event greater than 1.0 inches. Reports and records of operation, inspection, and maintenance should be kept in a known set location to be available upon request in perpetuity. Annual Reports shall include all the following documentation: 1. Detailed O&M form completed. 2. Best available recent aerial images. 3. Photos and photo point locations. 4. Inspection report, detailed summary of inspections performed that year. 5. Renewal documentation of financial assurances that have been secured for the Nutrient Offset SCM. 6. Documentation that the fund (established for the Nutrient Offset SCM operation and maintenance) has been adequately budgeted for the next fiscal year. D. Inspection activities should be performed in accordance with the Operation and Maintenance Manual's detailed list of potential problems. DWR highly recommends that all inspection activities as well as Operation and Maintenance of the Nutrient Offset SCM be performed' by a trained certified professional in stormwater best management practices which can be found at the following link: https://www.bae.ncsu.edu/workshops-conferences/stormwater-bmp/ E. A final onsite evaluation of the Nutrient Offset SCM, by DWR staff within the 401 & Buffer Permitting Branch, may be required to be performed after receipt of the fifth annual report to determine compliance with the O&M Agreement as well as compliance with this Instrument. Full compliance must be achieved prior to final credit release issuance by the DWR. F. A Memorandum of Agreement (MOA) between the Sponsor and the City of Wilson Engineering Division outlining the responsibilities and procedures for purposes of upholding the nutrient Toad reductions granted of the Nutrient Offset SCM shall be submitted to DWR for review. The MOA is required to be signed by all parties and recorded with the easements described in this Instrument prior to Bank Parcel Closure described in Section X. The MOA shall include all the following: 1. Interim maintenance and management responsibilities of the Nutrient Offset SCM by all parties to the MOA; and 2. Long term maintenance and management responsibilities of the Nutrient Offset SCM by all parties to the MOA; and 3. Financial responsibilities for the Nutrient Offset SCM by all parties to the MOA; and 4. Appropriate references to this Instrument and the signed O&M Agreement; and 5. Other information as deemed appropriate to comply with this Instrument and corresponding signed O&M Agreement. 6 Contingency Plans/Remedial Actions G. In the event the Sponsor has not maintained the Nutrient Offset SCM according to this Instrument and corresponding O&M Agreement and/or the Nutrient Offset SCM is not operating efficiently per the approved SMP, the Sponsor shall develop necessary contingency plans in coordination with DWR and implement appropriate remedial actions for the Nutrient Offset SCM. Depending on the degree of remedial actions required, in accordance with 15A NCAC 02B .0703 (g)(4), "the Division (DWR) may temporarily or permanently invalidate permanent credits generated by an SCM if it determines that the SCM has been impacted due to failure to comply with the terms of an associated project plan, nutrient offset banking instrument, easement, maintenance agreement, other protective agreement, or this rule". Property Disposition & Long -Term Management H. In accordance with 15A NCAC 02B .0703 (g)(4), "The SCM shall be placed in and protected by recorded drainage easements with recorded access easements to the nearest public right-of-way for purposes of operation and maintenance. These easements shall be granted in favor of the person or entity responsible for operating and maintaining the structures, with a note as to the responsible person or entity. Easements shall be of sufficient width for inspection and maintenance of the project". I. Prior to the release of any credits, the Sponsor will record permanent maintenance and access easements at the Wilson County Register of Deeds sufficient to ensure protection, operation, and maintenance of the Nutrient Offset SCM in perpetuity. Lands that shall also be protected in perpetuity shall be those that were converted as part of the approved SMP, unless those areas are part of the catchment area of the Nutrient Offset SCM. These lands are illustrated in Appendix H. J. The form of the maintenance easement shall be consistent with the standards employed by the State of North Carolina in the protection of Nutrient Offset SCM areas and shall be approved by the DWR prior to the release of any credits. K. The Sponsor shall not grant additional easements, right of ways, or any other property interest in or to the project areas, without prior approval from the DWR. L. Additionally, the Sponsor shall not alter or allow alteration of the land cover that may increase the Built Upon Area (BUA) draining to the Nutrient Offset SCM beyond the approved capacity, without receiving prior written approval from DWR staff (see Section XI (K)) which is illustrated in Appendix H. 7 Financial Assurances M. For replacement costs, the City has two fund balances that the Sponsor can rely on in an event that replacement or major repair of the Nutrient Offset SCM is needed, the Stormwater Management Fund and the General Fund (see current City of Wilson Annual Budget). As a local government with a stormwater utility fee and ability to employ tax dollars from its citizens, the City has a reliable annual income within the Stormwater Management Fund to utilize for replacement costs of the Nutrient Offset SCM. Because these funds are sources from the City's citizens, the City has a responsibility to perform repairs within a responsible time frame. (Additionally, the City and the Sponsor have an obligation to maintain the Nutrient Offset SCM's functionality per the Hominy Swamp Restoration Plan for Category 4b demonstration). Therefore, major repairs to the Nutrient Offset SCM would be prioritized from these available funds initially. However, in the case that the replacement costs are greater than the available Stormwater Management Fund balance, the Sponsor may utilize the City's General Fund. The City is obligated to maintain an undesignated fund balance equal to or greater than 8% of the overall General Fund operating budget. A good resource for more detailed information would be to view the most current version of the City's Annual Budget for that year. N. In addition to the Stormwater Management Fund and the General Fund, the City is self -insured through a liability insurance provider. Within the General Fund, is an account named the Risk Management Fund which is funded annually to cover the liability insurance policy's deductible amount. If the cost of the Nutrient Offset SCM replacement or major repair is greater than the $500,000 deductible amount, the City may draw on either the Stormwater Management Fund or the Risk Management Fund to finance the replacement or repair up to $500,000 and the insurance policy will go into effect for the remaining cost. O. To use funds from any City account (Stormwater Management Fund, General Fund, or Risk Management Fund) for Nutrient Offset SCM replacement or major repairs, the Sponsor, through the City's Stormwater Manager, must seek approval from City Council to initiate the budget amendment. Although not anticipated, if neither the Stormwater Management Fund nor the Risk Management Fund has ample funds to finance the replacement or repair up to the deductible, a budget amendment would be requested through City Council. This process will be considered acknowledged and approved through City Council approval of this Instrument and upon signature by the City's Stormwater Manager. P. Following approval of the Instrument, the Sponsor shall provide documentation to DWR demonstrating and itemizing annual operation and maintenance costs and commit to adding those costs to the City budget as an expenditure line item, Nutrient Offset SCM Maintenance and Repair, in the Stormwater Management Fund in perpetuity. An account, "Whirligig Nutrient Offset Site SCM Annual Maintenance" (XXX-XXXX-XXX.XX-XX), will be created with a minimum amount to be budgeted annually of $6,150 within the City of Wilson Stormwater Master Accounts and Budget (Appendix I). This account will be included in the City's budget in a manner that is protected in perpetuity. As the Nutrient Offset SCM (sand filter and sedimentation chamber) is a portion of a larger underground detention and treatment device, the cost of the SCM was derived from the total construction cost of $844,000. The Nutrient Offset SCM encompasses approximately 41.4% of the total area of the underground detention and treatment device, therefore construction cost of the Nutrient Offset SCM is considered $349,416. The cost of materials (sand filter media, underdrains, etc.) of the Nutrient Offset SCM 8 was $60,000. Therefore, the overall Nutrient Offset SCM cost is considered $410,000. The Whirligig Nutrient Offset Site SCM Annual Maintenance budget of $6,150 is 1.5% of the total construction cost of the sand filter portion of the overall Nutrient Offset SCM ($410,000). The percentage of the total construction cost of the sand filter (1.5%) is based upon the assumption that the overall maintenance budget should be 15% of the total construction cost of the sand filter portion of the Nutrient Offset SCM and that full replacement of the sand filter media and materials would only occur approximately every ten (10) years. Q. Documentation of the City's budget will be provided to DWR annually by the Sponsor at the end of each fiscal year for five consecutive years after approval of this Instrument. The completed year's final budget records will be provided along with the upcoming year's budget plan to demonstrate compliance with the commitment detailed above in Section VI, K-N. R. The initial nutrient offset credit release will not occur until the completion of construction, as - built certification, recordation of the deed and plat with easements, and the establishment of an operation and maintenance agreement, therefore, a performance bond for initial construction costs will not be necessary by the Sponsor for this Nutrient Offset SCM. VII. CALCULATION OF NITROGEN NUTRIENT OFFSET CREDITS Nutrient Offset Credits A. Nutrient Offset Credit Generation by the Nutrient Offset SCM: The Sponsor and DWR agree: The calculations provided in the approved SMP estimate that the proposed Nutrient Offset SCM is likely to generate approximately 1,916 pounds (lbs) of Nitrogen Nutrient Offset Credits (or 63.89 lbs of Permanent Nitrogen Nutrient Offset Credits/year) if designed, constructed, implemented, and sustained as proposed in the SMP. The Sponsor will record Nutrient Offset Credit generation and sales in pounds using the ledger provided in Appendix E until DWR transitions buyers and sellers of nutrient offset credits to units of pounds per year, at which time the ledger should be modified to accommodate the new units. This space left blank intentionally, do not add text to this space. 9 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 Task Project Milestone Credit Available for Sale (lbs) 1 SMP Approved, O&M Agreement Approved & Recorded, Instrument Approved, Post Construction Financial Assurances Secured, Complete As -Built Report & Engineer's Certificate Received, Maintenance & Access Easements Recorded. 1,533.36 (80%) 2 Year 1 Inspection & Maintenance Report approved by DWR* and confirmation of funding provided for the next full year. o) 76.674/0 ( 3 Year 2 Inspection & Maintenance Report approved by DWR* and confirmation of funding provided for the next full year. o) 76.67 (4/0 4 Year 3 Inspection & Maintenance Report approved by DWR* and confirmation of funding provided for the next full year. a) 76.67 (4/0 5 Year 4 Inspection & Maintenance Report approved by DWR*, confirmation of funding provided for the next full year, and the Memorandum of Agreement (MOA) referenced in Item F of Section VI signed by all applicable parties and recorded with the Maintenance & Access Easements. 76.67 (4%) 6 Year 5 Inspection & Maintenance Report approved by DWR* and confirmation of funding provided in perpetuity. An onsite visit by DWR may be required. 76.67 (4%) Total 1,916.70 (100%) * DWR Approval provided upon a determination that the Sponsor is compliant with the O&M Agreement and the Nutrient Offset SCM is functioning as intended. All Monitoring Report Inspections shall be conducted by an NCSU Stormwater SCM Construction Inspection certified third -party entity when possible. B. DWR may modify the Credit Release Schedules based on the information submitted or the order in which required information is received. DWR will notify the Sponsor of any modification to the credit release schedule. 10 IX. PROCEDURE FOR DEBITING AND CREDITING NUTRIENT OFFSET CREDITS Credit Ledgers A. The Sponsor shall maintain one credit ledger for the Nutrient Offset SCM under this Instrument: The credit ledger shall provide the accounting for the Nitrogen Nutrient Offset Credits in pounds until DWR transitions buyers and sellers of nutrient offset credits to units of pounds per year, at which time the ledger should be modified to accommodate the new units. B. The credit ledger shall be submitted on a separate 8 1/2 in. x 11 in. spreadsheet with legible font style and font size. All ledgers shall be submitted using the templates provided in Appendix 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 Toads within the 03020203 HUC of the Neuse River Basin, specifically those areas within that HUC that are located within the City Limits and Extraterritorial Jurisdiction of the City, excluding any areas within the Tar -Pamlico Watershed, in accordance with 15A NCAC 02B .0703. Please reference Appendix C for map of included areas. E. The Sponsor shall obtain written verification of nutrient offset need from a designated local government within the approved GSA identified in Section II of this Instrument, the Division of Energy Minerals and Land Resources (DEMLR) or from DWR through an approved NPDES permit for wastewater nutrient sources, prior to debiting Nutrient Offset Credits from the Nutrient Offset SCM. DWR must approve each credit sale transaction prior to debiting Nutrient Offset Credits from the Nutrient Offset SCM ledger. F. All credit and debit transactions for the Site under this Instrument shall be accurately depicted in the credit ledger. The Sponsor shall submit an accurate and up-to-date credit ledger for the Nutrient Offset SCM by the 10th of each month. At a minimum, DWR shall receive a hard copy of the updated credit ledgers along with corresponding Nutrient Offset Credit Transfer Certificates and all corresponding letters from designated local governments, DEMLR or DWR where applicable once a year. Notification of all credit sales shall be provided to DWR until all credits that have been released have been sold. G. The Sponsor does not intend on selling Nutrient Offset Credits to satisfy Requests for Proposals from the Division of Mitigation Services In -Lieu Fee program. 11 Nutrient Offset Credit Transfer Certificates H. All credit sales will include a Nutrient Offset Credit Transfer Certificate ("Certificate") that is required to be provided to the buyer of Nutrient Offset Credits, that will include, at a minimum, the following information; 1. Bank Details: (1) Sponsor Name, (2) SCM Site name as it appears in Table 1.0 of this Instrument and, (3) DWR project number for the SMP as it appears in Table 1.0 of this Instrument. 2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, and (3- when applicable) amount of Nitrogen Nutrient Offset Credits purchased in pounds (until DWR transitions buyers and sellers of nutrient offset credits to units of pounds per year, at which time the ledger should be modified to accommodate the new units) and confirmation from the City or DWR of the amount required. 3. Permitted Project Details: (1) project name as it appears on DWR or local government permits and/or certifications, (2) 8-digit HUC, (3) river basin, (4) nutrient strategy applicable to the project with impacts, and (5 — when applicable) designated local government (City) requiring Nutrient Offset Credits for this project. I. If DWR determines the Bank is operating at a deficit (e.g. the Sponsor is closing on sales and/or transferring credit that is not available), or the Bank is selling credits out of compliance with statutes, rules or this Agreement, the sale/transfer of credits will immediately cease, and the DWR, in consultation with the Sponsor, will determine what remedial actions are necessary. X. BANK CLOSURE A. Site Bank Closure shall be identified as the event when there are no Nitrogen Nutrient Offset Credits left to be released by DWR or sold by the Sponsor and when expectations outlined in this Instrument have been achieved. At the time of the Bank Closure, the Sponsor is not relieved of maintenance responsibilities and the financial assurances associated with required maintenance. B. Nutrient Offset SCM Bank Closure shall commence only after all credits have been released by DWR and fully debited in compliance with this Instrument and updated ledgers showing zero credit balances have been submitted and approved by DWR. C. Nutrient Offset SCM Bank Closure shall commence only after: 1. The Memorandum of Agreement described in Item F of Section VI has been signed by all parties and recorded with the maintenance and access easements for the Nutrient Offset SCM. 2. O&M Agreement referenced in Section VI has been recorded with the Wilson County Register of Deeds, along with the access and maintenance easements as detailed in Section VI. 3. All five (5) Inspection and Maintenance Reports referenced in Section VI have been submitted and approved by DWR. 12 D. Operation and Maintenance Section VI, C. and D., and all DWR upon request. Records Agreement, or MOA shall not XI. GENERAL PROVISIONS Inspections must be performed in perpetuity, as detailed in records shall be kept by the Sponsor and be made available to kept for purposes of complying with this Instrument, an O&M be part of any records retention policy by the City or Sponsor. A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor shall grant permission to the Director of DWR, or an authorized representative of the Director of DWR to enter the property containing the Nutrient Offset SCM. B. Amendments: This Banking Instrument may be amended or modified only with written approval of all signatory parties. C. Any transfer of the Sponsor's rights or obligations outlined in this Instrument, or any other agreement referenced in this Instrument to a third party must be approved by DWR prior to the transfer. Any third party must be affiliated with the City. D. Force Majeure: If an event occurs before 100% of all the credits have been released in accordance with the credit release schedule in Section VIII, then the Sponsor shall take remedial action to restore the property to its condition prior to the event, in a manner sufficient to provide adequate nutrient offset credits to cover credits that were sold prior to the occurrence of the event. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by DWR and the Sponsor. E. Force Majeure: After 100% of all the credits have been released in accordance with the credit release schedule in Section VIII, the Sponsor will be responsible for any Nutrient Offset SCM failure that is attributed to natural catastrophes including but not limited to flood, drought, disease, regional pest infestation, etc. Adequate funding and appropriate financial assurances must be in place by the Sponsor to fund remedial actions necessary to restore the Nutrient Offset SCM. DWR must concur in writing that a force majeure event has occurred for this provision to apply. F. Oversight: Actions taken by DWR may include, but are not limited to, the following: 1. Site visits, 2. Issuance of Plan Approval Letters, 3. SMP review and approval of items listed in Section V of this Instrument, 4. As -Built Report review and approval of items listed in Section VI of this Instrument, 5. Annual Inspection & Maintenance Report review and approval of items listen in Section VI of this Instrument, 6. Credit Ledger review and approval of items listed in Section IX of this Instrument, 7. Certificate review of items listed in Section IX of this Instrument and cross analysis to credit ledgers and, 8. Information requests, file reviews and audits. 13 Reports, ledgers, files, and other information shall be made available to DWR upon request, unless otherwise specified in this or any other document. G. Validity of this Instrument: This Instrument will become valid on the date of the last party's signature. H. Specific Language of this Instrument Shall Be Controlling: To the extent that specific language in this document changes, modifies, or deletes terms and conditions contained in those documents that are incorporated into the Instrument by reference, and that are not legally binding, the specific language within the Instrument shall be controlling. I. Any disputes over decisions regarding this Instrument, shall be referred to the Director of DWR for a decision. The Director's decision may be subject to review as provided in Articles 3 and 4 of G.S. 150B. J. This Agreement shall be binding upon the parties and their successors and is entered into knowingly, intelligently, and voluntarily. K. Notices: All Notices and other communication which may be or are required to be given or made by any party to the other shall be in writing and shall be deemed to have been properly given and received on the date delivered in person, received via email with a delivery receipt requested, or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out below or at such other addresses as specified by written notice delivered in accordance herewith. Notification to DWR is required if the contact information below changes. If to Bank Sponsor: If to DWR: 112 Goldsboro St. E. Wilson, NC 27894 Attn: City of Wilson Stormwater Manager City of Wilson Stormwater Division nparsons@wilsonnc.org NC Division of Water Resources — 401 & Buffer Permitting Branch Attn: Nutrient Offset and Buffer Banking Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 14 L. Applicable Law: This Agreement shall be construed under the laws of the State of North Carolina. CITY OF WILSON —STORMWATER DIVISION, NORTH CAROLINA By: Title: Date: Di(ecitr of ?J lii LJork 3/elet (Print) (Signature) CITY OF WILSON — CITY COUNCIL REPRESENTATIVE, NORTH CAROLINA By: Carlton L. Stevens (Print) Title: Date: Mayor, City of Wilson March 4, 2022 (Signature) NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES By: g 4 PreA Title: ID; rt Aye r g : - (Print) Date: (Signature) 15 ATTACHMENT A OPERATION & MAINTENANCE AGREEMENT (with Appendix A & Appendix B) This agreement, made and entered into this a 0 day of -ant , 2002Q, by and between the City of Wilson Stormwater Division, acting as the Bank Spons (the "Sponsor") and the North Carolina Department of Environmental Quality - Division of Water Resources ("DWR") for the purposes of upholding nutrient offset credits as provided by the Whirligig Station Sand Filter Nutrient Offset Stormwater Control Measure Site ("Nutrient Offset SCM"), located in the City of Wilson, North Carolina ("City"), to be maintained; W ITN ESSETH: Whereas, the Sponsor has adopted through the City Unified Development Ordinance certain stormwater management regulations within the City of Wilson, North Carolina and Whereas, such regulations, including but not limited to the City of Wilson Unified Development Ordinance, Section 12, Erosion, Flood, Stormwater and Watershed Provisions, require the Sponsor to operate and maintain the Nutrient Offset SCM to provide storage treatment of stormwater runoff which also provides Nutrient Offset credits to be traded under a Nutrient Offset Banking Instrument (NOBI) approved by DWR; and Whereas, the Sponsor has constructed a Nutrient Offset SCM to satisfy the requirements of such regulations and agreements, the boundaries and general description of the Nutrient Offset SCM being described in Appendix A attached hereto and incorporated herein by reference; and Whereas, the Sponsor is the Owner of the Nutrient Offset SCM; and Whereas, as a condition of the NOBI, the Sponsor is required to operate and maintain the Nutrient Offset SCM in perpetuity in a manner that accomplishes the stormwater control and treatment intended, including but not limited to ongoing nutrient reduction, and to enter into an agreement with DWR securing that commitment; Now, therefore, for and in consideration of the premises and the approval by DWR of the NOBI and the Nutrient Offset Credits generated by the Nutrient Offset SCM, the Sponsor does hereby covenant and agree with DWR that the Nutrient Offset SCM shall be held, operated, maintained, and encumbered pursuant to the covenants and conditions hereinafter set forth; 1. No conveyance of the Nutrient Offset SCM without new Agreement. The Sponsor covenants and agrees that it will not convey, transfer, assign, lease or otherwise release or relinquish ownership or control of the Nutrient Offset SCM, in whole or in part, unless and until the proposed new owner of the Nutrient Offset SCM, or any interest therein, has entered into a SCM Operation and Maintenance Agreement with the Sponsor containing substantially the same terms and conditions as this Agreement. Page 1 of 9 2. Property Obligated. A legal description of all the property which is obligated to maintain the Nutrient Offset SCM is attached hereto as Appendix A. All owners of each lot or parcel therein (or the sole owner if there is but one parcel) at the time the obligation hereunder arises shall be ultimately responsible for the compliance with the terms, conditions and obligations of the Agreement. 3. Operation and Maintenance. The Sponsor shall operate, maintain, repair, and, if necessary, reconstruct the Nutrient Offset SCM in accordance with the provisions below: a. Maintenance of the Nutrient Offset SCM shall be at least in accordance with instructions for all SCMs and specifically, sand filters, as described in the current NC DEQ Stormwater Design Manual and as specified in the Operation and Maintenance Plan, Appendix B. At minimum, maintenance activities shall conform to the guidelines contained therein, and shall maintain the Nutrient Offset SCM as designed for optimal functioning. For the project named herein, the specific SCM is described in Appendix A. b. An Annual SCM Certification shall be submitted by the Sponsor and approved by DWR, according to this Agreement. Annually, on or before December 31, the Sponsor shall submit to DWR a certification, sealed by a registered Professional Engineer, that the Nutrient Offset SCM is functioning as intended, plus a certification by the person or entity responsible for maintenance that (1) the specific maintenance activities have occurred, (2) all nonroutine maintenance has been listed and (3) that the Operation and Maintenance Plan is adequate to ensure optimal functioning or that changes are recommended. c. A notarized Operation and Maintenance Plan, Appendix B, shall be signed by the Sponsor and submitted to DWR prior to approval of this agreement. Changes to the Operation and Maintenance Plan shall be submitted with the SCM Certification, if required to maintain optimal functioning of the SCM or to remain in compliance with the maintenance recommendations of the Manual. Proposed changes to the Operation and Maintenance Plan are subject to approval by DWR. Additional information may be required for reporting purposes, as directed by DWR or designee. d. Landscaping of the area around the Facility shall not reduce the capacity or hinder operation and maintenance of the Nutrient Offset SCM. Landscaping shall be maintained to ensure that landscape materials live and prosper. Re -vegetation and stabilization of areas may be required by DWR or designee. e. The Nutrient Offset SCM shall be maintained in a manner so as to control insects, odors and algae as determined necessary by DWR or designee. Page 2 of 9 f. Any fencing or other security measures shall be maintained in good condition. If no fencing or security measures were included with original construction, they shall be added at the Sponsor's expense at such time as DWR or designee determines that unauthorized persons are disturbing the Nutrient Offset SCM and that security measures will help prevent such unauthorized activity. g. Necessary non -routine maintenance actions shall be performed in a timely manner so as to ensure continuous performance of the Nutrient Offset SCM. All non -routine maintenance activities shall be noted in the next yearly report. 4. Right of Inspection by DWR. The Sponsor hereby grants DWR the right, privilege, and easement over, upon and across the Property lying between any public street or right of way and the Nutrient Offset SCM for the purpose of inspecting, correcting, repairing, replacing or maintaining the Nutrient Offset SCM as provided in this Agreement. This right, privilege, and easement is appurtenant to and shall run with the Property and Nutrient Offset SCM. 5. Remedies for Violations of this Agreement. a. If the Sponsor shall fail to satisfactorily maintain or repair the Nutrient Offset SCM as set forth herein, or otherwise violates this Agreement, DWR may order the Sponsor to undertake necessary actions to correct such violation. If the Sponsor fails to comply with such order within thirty (30) days from the date thereof, DWR, in its sole discretion, may enter the Property and perform all necessary work to place the Nutrient Offset SCM in proper working condition. The full cost of performing the work (including but not limited to employee time, material and supplies, vehicle and equipment use, administrative expenses, plus all contract costs, if required for repairs, design or inspection) shall be a assessed against the Sponsor, with such amount being due in full within thirty (30) days of service of an invoice on Sponsor, and the Sponsor hereby agrees to timely pay the same. Should any payment to the DWR be delayed by more than thirty (30) days after receipt the invoice by the Sponsor, the Sponsor shall pay DWR interest, beginning on the 31st day, at the rate of 1% per month or fraction thereof on such unpaid balance as may be due. b. DWR shall have the right to bring an action against the City and/or each individual owner to recover all sums due, including its expenses, damages, and its reasonable attorney fees, seek injunctive and equitable relief, and/or such other and further relief as may be just and appropriate. c. The remedies provided by this paragraph are cumulative and are in addition to any other remedies provided by law. 6. No Waiver of Breach. In the event of a breach of any term of this Agreement, any delay or failure on the part of DWR to exercise any rights, powers, or remedies herein provided shall not be construed as a waiver thereof or acquiescence of such breach or any future breach. Page 3 of 9 7. Amendments. This Agreement may be amended, revised, or modified only by a written document signed by the parties. 8. Binding Effect. The conditions and restrictions set forth herein with regard to the Nutrient Offset SCM shall run with the land and shall bind the Sponsor and any subsequent owner(s), its heirs, successors and assigns and all parties claiming by, through, or under them shall be taken to hold, agree, and covenant with DWR, its successors and assigns, and with each of them to conform to, comply with and observe said conditions and restrictions. DWR shall be deemed a beneficiary of the conditions and restrictions set forth herein and such conditions and restrictions shall run with land in favor of DWR. 9. Warranties of Title. The Sponsor covenants and warrants that is lawfully seized and possessed of the Nutrient Offset SCM and real estate described in Appendix A, that it has good right and lawful authority to enter into this Agreement for the purposes herein expressed, and that no consent or waiver by the holder of any mortgage, deed of trust, or other security instrument, or any other person, firm, or corporation is required prior to entering in this Agreement. 10. Interpretation. Use of the masculine gender herein includes the feminine and neuter, and the singular number used herein shall equally include the plural. The captions preceding the various provisions of this Agreement are for the convenience of reference only, and shall not be used as an aid in interpretation or construction of this Agreement. The laws of North Carolina shall govern this agreement. 11. Severability. Invalidation of any one of these covenants or conditions by judgement or order of any court shall in no way affect any of the other provisions, which shall remain in full force and effect. Page 4 of 9 CIty of Wilson, Stormwater Division: Title & Organization: Street address: City, state, zip: Contact Phone number(s): Contact Email: Director of Public Works; City of Wison 1800 Herring Ave. Wilson, NC, 27893 252-399-2467 bbass@wilsonnc.org Signature: / 6:20-„ye, Date: 311 Pl. kYin V(it,U , a Notary Public for the State of Nal* t (A' 0 i nm 'f \fan , do hereby certify that \tv VAtcc5, County of personally appeared before me this 1 Tr1 day of YYI 6110 and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, Otoloulinosi NOTARY COMMVSSION EXPIRES 121100022 0 aVs ,;ON COO" 'V' N ot0 My commission expires Page 5 of 9 NC DWR: Title & Organization: Street address: City, state, zip: Contact Phone number(s): Contact Email: Signature: �'�i d/ (ert)),/ 0/4//:(/077 f, ///a' W ! 47/4 f' 1 Xb_/e / // // /9/e_ ,iXL,D!/ p/c)- 71) 7 -70/// ifichI 2/l/, E,4-S Air. dP. /0/ • 2 v Date: C r�v , a Notary Public for the State of /1)(12/7 �,7/1 ih// ' County of v)//���4// , do hereby certify that /tP/0///(2 /) Focij2.1Lj personally appeared before me this 410 day of ,121/1LQ _ and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, E' PAUL.A CHAPPELL NOTARY PUBLIC HAM COUNTY N. C. My commission expires Ay,, �d�/�), 1� . Page 6 of 9 Appendix A. Description of the Nutrient Offset SCM and Property Obligated to Maintain Nutrient Offset SCM Stormwater control measure providing stormwater nutrient removal for the subject Property identified as "Whirligig Station" is more particularly identified as: Nutrient Offset SCM beneath the parking lot located south of Tarboro Street W, between Kenan Street SW and Barnes Street SW in Wilson, North Carolina. All of the Property known as "Whirligig Station" has parcel number 3722207111 and is recorded in Deed Book 2560, Page 365 and Plat Book 41, Page 239 in the Wilson County Registry. Page 7 of 9 Appendix B. Sand Filter Maintenance Requirements Important maintenance procedures: - The drainage area will be carefully managed to reduce the sediment load to the sand filter. The sedimentation chamber or forebay will be cleaned out whenever sediment depth exceeds six inches. - Once a year, sand media will be skimmed. - The sand filter media will be replaced whenever it fails to function properly after maintenance. The sand filter shall be inspected quarterly and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How to remediate the problem: Entire BMP Trash/debris is present. Remove the trash/debris. Adjacent pavement (if applicable) Sediment is present on the pavement surface. Sweep or vacuum the sediment as soon as possible. Perimeter of sand filter Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to 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 applicable). Remove sediment and replace with clean stone. Forebay or pretreatment area Sediment has accumulated to a depth of greater than six inches. Search for the source of the 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 collection system Water is ponding on the surface for more than 24 hours after a storm. Check to see if the collector system is clogged and flush if necessary. If water still ponds, remove the top few inches of filter bed media and replace. If water still ponds, then consult an expert. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of damage have occurred at the outlet. Contact the local NC Department of Environment and Natural Resources Regional Office. Page 9 of 9 APPENDICES C - L Wilson City Limits and ETJ APPENDIX C I Deed Reference: Buckhorn Reservior Surrounding Counties Municipal Boundaries Shaded Municipal Boundaries Nutrient Offset Program & Buffer Mitigation Program Updated Authorities for Neuse Strategy MBI August 11, 2020 APPENDIX D Authorities pertaining to the City of Wilson Whirligig Station Nutrient Offset Banking Instrument All Basins General Statutes: G.S. §143-214.11 Ecosystem Enhancement Program G.S. §143-214.26 Nutrient Offset Credits G.S. § 143-214.7 Stormwater runoff rules and programs G.S. §143-215.8B Basinwide Water Quality Management Plans Session Laws S.L. 2019-86 (Amendment to G.S. §143-214.26) S.L. 2016-94 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 .0701 Nutrient Strategies Definitions 15A NCAC 02B .0703 Nutrient Offset Credit Trading Neuse River Basin Buffer and Neuse Nutrient Strategy Session Laws S.L. 2011-394 S.L. 1998-221 (Part I) S.L. 1995-572 Administrative Rules: 15A NCAC 02B .0710 Neuse Nutrient Strategy: Purpose and Scope 15A NCAC 02B .0711 Neuse Nutrient Strategy: Stormwater 15A NCAC 02B .0712 Neuse Nutrient Strategy: Agriculture 15A NCAC 02B .0713 Neuse Nutrient Strategy: Wastewater Discharge Requirements APPENDIX E *Credits shown below are only for _ Appendix F City of Wilson Entities and Roles Entity Role City of Wilson Stormwater Division Bank Sponsor City of Wilson Engineering Division Long -Term Steward DocuSign Envelope ID: D35A5166-5244-4F78-98AB-006E79DAF832 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 5, 2020 Noah Parsons, Stormwater Compliance Specialist City of Wilson Post Office Box 10 Wilson, North Carolina 27894-0010 Appendix G DWR # 2020-0579v1 Wilson County 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.merrittAncdenr.gov. D_EQnrar c�^i;ran North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: D35A5166-5244-4F78-98AB-006E79DAF832 DWR # 2020-0579v1 Page 2 of 2 If you have any questions or concerns regarding the SMP, please contact Chonticha McDaniel at chonticha.mcdaniel@ncdenr.gov. Sincerely, EDocuSigned by: 2.1 Wof 9491391BA53EF4E0... 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 i ■ / APPENDIX I CITY OF WILSON STORMWATER MASTER ACCOUNTS BUDGET EXCERPT Account Description Budget Actual Balance 342-7606-573.30-36 DISTRIBUTION SYSTEM MAINT/ MAINTENANCE OF MAINS $60,000.00 $8,805.62 $51,194.38 342-7606-573.30-38 DISTRIBUTION SYSTEM MAINT/ LANDSCAPE RESTORATION $25,000.00 $18,000.00 $7,000.00 342-7606-573.30-42 DISTRIBUTION SYSTEM MAINT / STREAMBANK STABILIZATIO $184,343.00 $165,629.07 $18,713.93 342-7606-573.30-44 DISTRIBUTION SYSTEM MAINT / INFRASTRUC ASSET MANAGE $400,000.00 $44,271.50 $355,728.50 342-7606-573.30-45 DISTRIBUTION SYSTEM MAINT/ MITIGATION BANKING 342-7606-573.31-00 MAINTENANCE / MAINTENANCE OF EQUIPMENT $25,000.00 $26,597.28 -$1,597.28 342-7606-573.32-00 MAINTENANCE / MAINTENANCE OF VEHICLES $60,000.00 $35,788.90 $24,211.10 342-7606-573.35-00 MAINTENANCE / STORM SEWER MAINTENANCE $750,000.00 $641,951.13 $108,048.87 XXX-XXXX-XXX.XX-XX MAINTENANCE/ WHIRLIGIG NUTRIENT OFFSET SITE SCM ANNUAL $6,150.00 N E N L S L ;• : 3�e 0 a > ^ u a O y c O y c 0 a f0 0- ‘E' E E_'c • v `o C = Y E E > N 2 r m N p u a O c c N m a) 0 _ E 3 0 O >- v, '- U LO d C a L • a C LL ▪ c 2 C O a = a) -o N C C 40 LL N O c fo f0 C •C f0 E ° o E 6 t O 0C N c O O @ 0) O rEo 2 'O V, C• o ▪ O y0 — 3 0 = `'- .0 E O 2 a) tn.n .0 N N v a N Y _ O Q C LL C a Y£E aa) > u E 'u ao° .o N -a ro.° v X v @ ▪ w N 2 sN c U o °u u °J E a rc° 3 o 7 sa.s E� C v — O > u o ' V O N . (0 a oE= oy p LL V a) f0 @ N o 'c0)• uE u > To'a] > C E o`a, owf 8 I'y g a)� c E — E c `w a v" io m v 3 W v� 0 E LL H • APPENDIX J