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HomeMy WebLinkAbout20090858 Ver 2_REVISED Yr 5 Credit Release (Partial) 9-5-14_20140905Strickland, Bev From: To: ME Kutz,Ehc Friday, September U5'ZUl4l:43PK4 [ara[onder Strickland, Bev Corrected Carl Lloyd Credit Release (#00'U858vZ) 00'0858v2 Carl LLovd REVISED Yr5 Credit Release (Partial) 0'5'14.pdf From: Cara Cnnder Sent: Friday, September 05, 2014 12:49 PM To: Ku|z,Eric Subject: Re: 3ordan Credit Releases No worries. We appreciate the early releases. Sent from myiPhone Environmental Banc & Exchange, LLC Cara Conder cell: 919-608-5876 cara(@ebmsa.com On Sep 5, 2014, at 12:47 PM, "Kulz, Eric" <eric.kulz@ncdenr.gov> wrote: From: Cara Cnnder Sent: Friday, September 05, 2014 12:39 PM To: Ku|z,Eric Subject: RE: 3ordan Credit Releases For Ivey Ferguson the delivered nitrogen should be 439.14, but you have 439.02. Do we need a revised letter for this one? From: Ku|z,Eric Sent: Friday, September 05, 2014 10:43 AM 1 To: Cara Conder Subject: RE: Jordan Credit Releases L+ MMOM From: Cara Conder [mailto:caraCa)ebxusa.com] Sent: Thursday, September 04, 2014 4:54 PM To: Kulz, Eric Cc: Matt Fisher Subject: RE: Jordan Credit Releases Ok, so Ivey Ferguson looks good for P, but the N release is incorrect. You have 348 should be 438.75 based on the generated amount of 1,096.87, which is correct for the 5.35 acre deduction. Please send us a revised Ivey Ferguson letter too. M.. From: Kulz, Eric [mailto:eric.kulz @ncdenr.gov] Sent: Thursday, September 04, 2014 1:43 PM To: Cara Conder; Tommy Cousins Cc: Strickland, Bev; Merritt, Katie Subject: Jordan Credit Releases 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: (919) 807 -6476 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. September 5, 2014 Mr. Thomas Rinker EBX-EM, LLC 909 Capability Drive, Suite 3 100 Raleigh, NC 27606 Resources John E Skvarla, 119 Secire tar' y' D,WR Project # 09-0858 Q Orange County Re: Cape Fear Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument (I BI) REVISED 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 2,00(O 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 inowed 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 1617 Mail Service Center, Rateigh,, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 9119-807-6300 t FAK 919-807-6494 Internet: www.ncwaterquallly.org An Equal Opportunity t Affirmative Action Employer Credit 5% Environmental Banc & Exchange, LLC September 5, 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 5% of your generated nitrogen nutrient offset credits, minus the credits for Buffer Restoration Area 6 (0.05 x 24,412.02 = 1,220.60 lb-N) and an additional 5% of your generated phosphorus credits (minus credit for Buffer Restoration Area 6) (0.05 x 1,572.34 =: 78.62 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 O3030002060070 are 40% for nitrogen and 19% for phosphorous. Therefore, by copy of this correspondence, 5% of your delivered nitrogen offset credits (0.4 x 1,220.60 = 488.241b -N) and 5%, of your delivered phosphorus credits (0..1.9 x 78.62 = 14.94 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. Please disregard the September 3, 2014 credit release letter, as this letter was based on a 10% release when % release was due. During the site visit, some eases rent 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 01.55 lb-N and 0.13 lb-P) can be released. Environmental Banc & Exchange, LLC Septembe r 5, 2014 Page 3 of 3 Please feel free to contact Eric Kulz at (919) 807-6476 or Katie Merritt at (9199) 807-6371 if you have any questions regarding this correspondence. Sincerely, c Karen Higgins, Supervisor KAHljablewk 401 & Buffer Permitting Unit cc: File Copy - Katie Merritt Tommy Cousins - EBX-EM, LLC (via electronic mail)