Auctioneer (aka Falling Creek) Letter Discrepancy

Please file this entire email thread in 2022-1148v2. Title the file “DWR notice of Non-Compliance”

From: Merritt, Katie
Sent: Thursday, May 4, 2023 2:58 PM
To: Jordan Burbage <[e-mail]>
Cc: Norton Webster <[e-mail]>; Mike Eagan <[e-mail]>; Michael Beinenson <[e-mail]>; Heather Smith <[e-mail]>; Goss, Stephanie <[e-mail]>;
Hartshorn, Blake <[e-mail]>
Subject: RE: [External] Auctioneer (aka Falling Creek) Letter Discrepancy
Importance: High

Hi Jordan,

Our conversation on April 26, 2023 was to review comments that DWR was preparing to submit to Eco Terra in response to the DRAFT Bank Parcel Development Package (BPDP) for the Auctioneer
Site (previously referred to as “Falling Creek Farm”). During our conversation in TEAMS DWR asked Eco Terra if they had planted the site, because the proposed Timeline for planted indicated
February 2023. Mike Eagan, with Eco Terra, motioned that the site had not been planted yet, and I acknowledged that I understood that motion in our meeting. However, further into the
meeting, you acknowledged that Eco Terra actually had already fully planted the site.

Eco Terra does not have an approved Banking Instrument (required under 15A NCAC 02B .0295 and 15A NCAC 02B .0703), nor do they have an approved BPDP for the site (required under 15A
NCAC 02B .0295 and 15A NCAC 02B .0703). Both rules referenced above clearly state that an approved plan by DWR is required prior to conducting activities for buffer mitigation or nutrient
offset credits.

Furthermore, the site viability letter issued for this site notes the following:

This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan
shall be submitted to

DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal
regarding a proposed nutrient load-reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface
waters.

At this time, DWR cannot proceed with the final review of the proposed BPDP or the initial review of the Mitigation Banking Instrument for the Auctioneer site. Additionally, DWR cannot
approve the site to generate buffer mitigation credits or nutrient offset credits at this time. DWR will discuss the matter at hand with Eco Terra and DWR management in the near future
prior to providing further guidance.

Thank you for your attention to this matter,

Katie

From: Jordan Burbage <[e-mail] <mailto:[e-mail]> >
Sent: Wednesday, April 26, 2023 5:39 PM

To: Merritt, Katie <[e-mail] <mailto:[e-mail]> >
Cc: Norton Webster <[e-mail] <mailto:[e-mail]> >; Mike Eagan <[e-mail] <mailto:[e-mail]> >; Michael Beinenson <[e-mail]
<mailto:[e-mail]> >; Heather Smith <[e-mail] <mailto:[e-mail]> >
Subject: Re: [External] Auctioneer (aka Falling Creek) Letter Discrepancy

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tab.

Katie,

Thank you for your time today clarifying this matter for us. We will be looking for your comments to arrive and begin revising the BPDP based on our notes in the meantime.

Sincerely,

Jordan

On Mon, Apr 17, 2023 at 10:27 AM Jordan Burbage <[e-mail] <mailto:[e-mail]> > wrote:

Hi Katie,

Can we schedule a Teams call one day this week to get your BPJ on this matter?

Thanks!

Jordan

On Tue, Apr 11, 2023 at 6:10 PM Jordan Burbage <[e-mail] <mailto:[e-mail]> > wrote:

Thank you Katie. Want to be sure to be on the same page since I wasn't involved at the time of the letters issuance. Let me know.

Jordan

On Tue, Apr 11, 2023 at 5:33 PM Merritt, Katie <[e-mail] <mailto:[e-mail]> > wrote:

I will look this over and get back to you.

From: Jordan Burbage <[e-mail] <mailto:[e-mail]> >
Sent: Friday, March 31, 2023 10:38 AM
To: Merritt, Katie <[e-mail] <mailto:[e-mail]> >
Cc: Norton Webster <[e-mail] <mailto:[e-mail]> >
Subject: [External] Auctioneer (aka Falling Creek) Letter Discrepancy

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. <mailto:[e-mail]>

Hi Katie,

Thanks for your time on Teams yesterday. After talking, we found a point of confusion between the second stream call (attachment 3) and site viability letters (attachment 4). It is
our interpretation that letters 1, 2, and 4 support our current easement. Which site viability letter are we supposed to go by? Requesting clarification on how to proceed.

Timeline of attached DWR letter maps:

1- May 2021 stream call letter – UT1 origin sits below the crossing
2- July 2021 site viability letter – UT1 origin sits below the crossing
3- Feb 2022 stream call letter – UT1 origin moved above the crossing
4- June 2022 site viability letter – UT1 origin sits below the crossing

Thanks for the help,

Jordan

--

Jordan Burbage

<https://drive.google.com/uc?id=1dbMzW6gP1TmhDHYi7UAYENDzKuSlF6ew&export=download>

[e-mail] <mailto:[e-mail]>

919.922.9508

Eco Terra NC

117 Centrewest Court

Cary, NC 27513

EcoTerra.com <http://www.ecoterra.com/>

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--

Jordan Burbage

<https://drive.google.com/uc?id=1dbMzW6gP1TmhDHYi7UAYENDzKuSlF6ew&export=download>

[e-mail] <mailto:[e-mail]>

803.671.8827

Eco Terra NC

117 Centrewest Court

Cary, NC 27513

EcoTerra.com <http://www.ecoterra.com/>

Notice: This email may contain information that is privileged or otherwise confidential. It is intended solely for the holder of the email address to which it has been directed, and
should not be disseminated, distributed, copied, or forwarded to any other persons. It is not intended for transmission to, or receipt by, any other person. If you have received this
email in error, you are directed to please delete it without copying or forwarding it, and notify us of the error by reply email so that our address records may be corrected.

--

Jordan Burbage

<https://drive.google.com/uc?id=1dbMzW6gP1TmhDHYi7UAYENDzKuSlF6ew&export=download>

[e-mail] <mailto:[e-mail]>

803.671.8827

Eco Terra NC

117 Centrewest Court

Cary, NC 27513

EcoTerra.com <http://www.ecoterra.com/>

Notice: This email may contain information that is privileged or otherwise confidential. It is intended solely for the holder of the email address to which it has been directed, and
should not be disseminated, distributed, copied, or forwarded to any other persons. It is not intended for transmission to, or receipt by, any other person. If you have received this
email in error, you are directed to please delete it without copying or forwarding it, and notify us of the error by reply email so that our address records may be corrected.