HomeMy WebLinkAbout20080511 Ver 1_Mitigation Bank Information_20220912ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 12, 2022
Mr. Bobby Ham
Greene Environmental Services, LLC
90 Ham Produce Road,
Snow Hill, NC 28580
(via electronic mail: bobby@hamfarms.com )
DWR Project #: 2008-0511v1
Greene County
Re: Neuse River Riparian Buffer and Nutrient Offset Umbrella Mitigation
Banking Instrument (UMBI)
Contentnea/Little Contentnea Creek (Tracts L-1, L-2, L-10, L-11) — Credit Release
Dear Mr. Ham:
On October 8, 2008, DWR received the Bank Parcel Development Package (BPDP) from Greene
Environmental Services, LLC (GES) for the Contentnea/Little Contentnea Creek Parcel (CLCP)
which included ten (10) separate tracts. Per the initial credit release letter issued by DWR on
October 15, 2008 for the CLCP, this BPDP was "accepted as approved" and the credits associated
with six (6) of the ten tracts (L-6, L-7, L-8, L-9, C-1, C-2) were released. Additionally, the letter
noted that conservation easements had not been recorded for four (4) tracts of the CLCP (L-1, L-2, L-
10 and L-11) as is required in the BPDP and corresponding Neuse River Riparian Buffer & Nutrient
Offset Umbrella Mitigation Banking Instrument (UMBI). Therefore, no credits were released for
these four tracts on October 15, 2008 and none have been released to date.
Since the issuance of the credit release letter in 2008, DWR has received all documentation related to
the four tracts, including financial assurances, an As -Built Report and all required Monitoring
Reports. On October 4, 2021, DWR received recorded Conservation Easements for the four tracts.
The Conservation Easements for L-1, L-2, L-10 & L-11 all have GES as the "Grantee". Item E of Section
III in the UMBI states the following:
"...In the case of a conservation easement, GES will hold the easement until all credits are
released from the Bank Parcel. At the conclusion of Bank activities, the conservation easement(s)
may be permanently transferred to an entity approved by DWQ to held in perpetuity."
In order to comply with the terms of the UMBI, GES must transfer or assign the existing conservation
easement(s) and its interests in perpetuity to a qualified holder under N.C. General Statute ("G.S.")
121-34 et seq. and 170(h) of the Internal Revenue Code. The holder shall be a land trust or stewardship
program that will hold and enforce the conservation easement and the interests. The land trust or
stewardship program must be accredited by the Land Trust Accreditation Commission and/or approved
by DWQ prior to the last credit release. A land trust must be certified under 501(c) (3) of the Internal
Revenue Code and must have the qualifications outlined in G.S. 105-130.24 and G.S. 105-151.12.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
Contentnea/Little Contentnea Creek
L-1, L-2, L-10, L-11 tracts
September 12, 2022
DWR is issuing 90% of the credits for these four tracts with the remaining 10% to be issued when all
four tracts have been successfully assigned to an approved long-term steward.
In accordance with the approved BPDP, the following Project Milestones have been met and the
corresponding credits shall be released:
Task/Milestones
Credit
1) Bank Parcel Development Package approved by DWR, Conservation Easement 20%
Recorded, performance guarantee funds encumbered by a letter of
credit received
2) Mitigation Site Earthwork, Planting & Installation of Monitoring Plots 20%
3) Approval of As -Built Report 10%
4-8) Submit Monitoring Reports #1, #2, #3, #4 and #5 *40%
TOTAL: 90%
*DWR is withholding 10% of this task until conservation easements are transferred to a long-term steward
By copy of this correspondence, DWR confirms that you have satisfied the above requirements for
the tracts identified below and therefore the following credits shown in BOLD are released and are
available to sell:
TRACTS
RIPARIAN BUFFER CREDITS
(SQUARE FEET)
NUTRIENT OFFSET CREDITS
(NITROGEN)
L-1
0
(0.90 x 8,591.90 lb-N = 7,732.71 lb-N)
L-2
0
(0.90 x 8,182.80 lb-N = 7,364.52 lb-N)
L-10
0
(0.90 x 431.90 lb-N = 388.71 lb-N)
L-11
(0.90 x 15,246 ft2 =13,721.40 ft2)
(0.90 x 1,568.40 lb-N= 1,411.56 lb-N)
TOTAL
CREDITS
13,721.40 ft2
16,897.50 lb-N
Please note that nutrient offset credits generated at this site must be used for impacts in HUC
03020203 of the Neuse River Basin pursuant to 15A NCAC 02B .0703, which became effective
on April 1, 2020. Additionally, the riparian buffer credits must be used for impacts in the
Neuse River Basin in accordance with guidelines in the Consolidated Buffer Mitigation Rule,
15A NCAC 02B .0295, which became effective on November 1, 2015.
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Contentnea/Little Contentnea Creek
L-1, L-2, L-10, L-11 tracts
September 12, 2022
Please feel free to call me at (919) 707-3637 if you have any questions regarding this
correspondence.
Sincerely,
wEDoocuuSiignedd by:
yr,_- A,kk-
A43C72700BD543E....
Katie Merritt
401 & Buffer Permitting Branch
cc:File Copy (Katie Merritt)
Jeff Becker & Heather Docsh (GES) — via electronic mail
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