20090858 Ver 2_Carl LLoyd Yr 5 Credit Release (Partial) 9-4-14_20140904

Strickland, Bev
From: Kulz, Eric
Sent: Thursday, September 04, 2014 1:43 PM
To: Cara Conder; tommy @ebxusa.com
Cc: Strickland, Bev; Merritt, Katie
Subject: Jordan Credit Releases
Attachments: 09- 0858v2 Carl LLoyd Yr 5 Credit Release (Partial) 9- 4- 14.pdf; 09- 0858v3 Ivey Yr 3
Credit Rel. PARTIAL 9- 4- 14.pdf
Cara
Please see attached correspondence regarding credit releases for the Carl Lloyd and Ivey- Ferguson parcels. Please note
both are partial credit releases as remedial action is necessary at both sites.
Please let me know if you have any questions.
Thanks!!
Eric W. Kulz
Environmental Senior Specialist
401 and Buffer Permitting Unit
NCDENR - Division of Water Resources - Water Quality Permitting Section
1617 MSC
Raleigh, NC 27699 -1617
Phone: [phone]
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
1

EWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
September 3, 2014
Mr. Thomas Rinker
EBX -EM, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
John E. Skvarla, III
Secretary
DWR Project # 09 -0858 v2
Orange County
Re: Cape Fear Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument
(UBI)
Carl Lloyd Bank Parcel Credit Release Year 5 — Task 8 (PARTIAL)
Dear Mr. Rinker:
On August 26, 2014, Eric Kulz with the Division of Water Resources (DWR) visited the Carl
Lloyd site for the purpose of assessing the site for a credit release (Year 5 Credit Release — Task
8). At the site visit, EBX provided DWR with vegetation monitoring data documenting the
results of the Year 5 monitoring.
Based on the monitoring data and the site visit, vegetation at the site appeared to be doing well.
Planted vegetation exhibited good survival and with volunteers, the stem counts ranged from 324
to over 2,000 stems per acre. Diversity appeared adequate and the majority of the site is on a
trajectory toward a diverse wooded riparian zone.
The exception was a narrow area of easement at the northeast corner of the site (Buffer
Restoration Area 6) which appeared to have been mowed and planted stems were sparse. This
area totaled 0.1 acre.
According to the UBI, the following Project Milestones have been partially met, and the
corresponding credits shall be released:
Milestones
7) Submittal and approval of Year 5 monitoring data
401 and Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Afirmalive Action Employer
Credit
10%

Environmental Banc & Exchange, LLC
September 4, 2014
Page 2 of 3
By copy of this correspondence, DWR confirms that you have satisfied the above requirements
for the above - referenced tract. An additional 10% of your generated nitrogen nutrient offset
credits, minus the credits for Buffer Restoration Area 6 (0.1 x 24,412.02 = 2,441.20 lb -N) and an
additional 10% of your generated phosphorus credits (minus credit for Buffer Restoration Area
6) (0.1 x 1,568.04 =156.8 lb -P) are now available for sale. Generated credits are credits that
have not been applied to the appropriate delivery factor.
The delivery factors applied to this bank due to its location in the 14 -digit HUC
03030002060070 are 40% for nitrogen and 19% for phosphorous. Therefore, by copy of this
correspondence, 10% of your delivered nitrogen offset credits (0.4 x 2,441.20 = 976.48 lb -N)
and 10% of your delivered phosphorus credits (0.19 x 156.8 = 29.80 lb -P) are now available for
sale. Please update your credit ledgers accordingly.
Please note that only the delivered nutrient offset credits can be sold from this bank and
used for impacts in the Upper New Hope Arm of Jordan Lake within the Cape Fear River
Basin.
As always, please copy DWR on all correspondence related to credit sales.
During the site visit, some easement encroachment was observed along the east side of Buffer
Restoration Area 1, adjacent to an area being developed as a cricket field. Silt fencing has been
erected along the edge, or possibly within, the easement boundary, and sediment has gotten into
the easement and is threatening to do so in several other locations (sediment piled up against silt
fence). The base of the fill slope of the field appears to directly abut the easement. Vegetation
has not been compromised, but there is the potential for negative effects to the buffer in the near
future if this situation is not rectified.
Tasks remaining to prepare the site for closeout include:
• Replant Buffer Restoration Area 6 with sufficient containerized stock to bring the stem
density to 320 stems per acre;
• Address the encroachment/sediment issue along the east side of Buffer Restoration
Area 1;
• Aggressively mark all easement boundaries, especially in the encroachment areas
identified; and
• Submit the final Year 5 Monitoring Report for the project, documenting the resolution
of the issues described above.
Since the project has completed five years of monitoring, EBX may request project closeout this
fall. Once the tasks above have been completed and a closeout site visit has been conducted, the
final withheld delivered credits (90.92 lb -N and 3.60 lb -P) can be released.

Environmental Banc & Exchange, LLC
September 4, 2014
Page 3 of 3
Please feel free to contact Eric Kulz at (919) 807 -6476 or Katie Merritt at (919) 807 -6371 if you
have any questions regarding this correspondence.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /ewk
cc:
File Copy - Katie Merritt
Tommy Cousins - EBX -EM, LLC (via electronic mail)