20141149 Ver 8_Credit Release Task 9 Closeout with AMP

DocuSign Envelope ID: 81ACA157-493B-41B0-B790-F1200FC904D9
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
George Howard
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, NC 27604
\f QaAi'i Na j
NORTH CAROLINA
Environmental Quality
June 20, 2023
DWR Project #: 2014-1149v8
Alamance County
Re: RS Haw River Subwatershed — Phase 1 Neuse Buffer & Nutrient Offset Umbrella
Mitigation Banking Instrument (UMBI)
Rocky Top Bank Parcel Credit Release
Task 9 FINAL RELEASE & MONITORING CLOSEOUT
Dear Mr. Howard:
On December 29, 2022, the Division of Water Resources (DWR) received a Year 5 Monitoring
Report from Restoration Systems, LLC (RS) for the Rocky Top Buffer Mitigation & Nutrient Offset
Bank (Site). On May 2, 2023, Katie Merritt with the DWR, visited the Site to compare vegetation
data submitted in the monitoring report with onsite conditions and to evaluate the Site for closeout of
the monitoring requirements for the riparian vegetation. Staff with RS were also present. As a result
of the site visit evaluation, Ms. Merritt requested that RS submit an Adaptive Management Plan
(AMP) for review and approval that committed to planting live stakes within existing wetland draws
and marsh treatment areas where areas generating riparian buffer credits were seen void of sufficient
stem densities. Additional monitoring would not be required.
On May 30, 2023, DWR received the draft AMP from RS which included a timeline to implement
the AMP within thirty (30) days of DWR approval of the AMP. RS is to submit documentation of
the completed work to both DWR and separately to the US Army Corps of Engineers (USACE) in
the annual stream mitigation monitoring report. By copy of this correspondence, DWR approves the
proposed AMP, which is also attached to this letter for reference.
DWR now supports closing out the Site for any further monitoring and maintenance of the riparian
vegetation and conservation easement associated with the nutrient offset and buffer mitigation credit
areas. However, the conservation easement for the Site also includes the Rocky Top Stream
Mitigation Bank (Stream Bank). Therefore, additional monitoring and maintenance requirements for
the Stream Bank will need to continue until closeout of the Stream Bank has been authorized by the
USACE and Interagency Review Team.
By copy of this letter, the monitoring requirements at the subject Site have been met and DWR is
releasing RS from its financial assurance obligations under Performance Bond #22BSBHY3327 in
the amount of $40,000 issued to RS from Hartford Fire Insurance Company. Lastly, according to
DWR files, the Grantee of this Site's conservation easement is the North Carolina Wildlife Habitat
Foundation.
D E Q ,fJ North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA (J1(�.'�O'�.(�OQO
Department of Emlmnmenfal Duali�

DocuSign Envelope ID: 81ACA157-493B-41B0-B790-F1200FC904D9
Rocky Top Site
Restoration Systems
June 20, 2023
In accordance with the UMBI and BPDP, signed on October 25, 2017 and approved on January 22,
2018 respectively, the following Project Milestones have been met and the corresponding credits
shall be released:
Task/Milestones
9) Monitoring Report #5: Approved by the DWR
Credit
10%
By copy of this correspondence, DWR confirms that you have satisfied the above requirements for
the above -referenced tract. Therefore, 10% of your Jordan Lake riparian buffer Restoration credits
(0.10 x 102,471.10 ft2=10,247.11 ft2) and 10% of your Jordan Lake riparian buffer Enhancement
credits (0.10 x 20,431.48 ft2 = 2,043.15 ft2) are now released.
Additionally, 10% of your generated nitrogen offset credits (0.10 x 2,451.80 = 245.18 lb-N) and
10% of your generated phosphorus credits (0.10 x 156.75 = 15.68 lb-P) are now released.
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 03030002050050 are
71 % for nitrogen and 67% for phosphorous. Therefore, the total amounts of delivered nutrient offset
credits for this site are 1,740.78 lb-N and 105.02 lb-P. By copy of this correspondence, 10% of your
delivered nitrogen offset credits (0.10 x 1,740.78 lb-N = 174.08 lb-N) and 10% of your delivered
phosphorus credits (0.10 x 105.02 = 10.501b-P) are now available for sale.
Please note that only the delivered nutrient offset credits can be sold from this bank and used
for impacts in the Haw River Arm of Jordan Lake within the Cape Fear River Basin.
Additionally, riparian buffer credits can only be used to offset impacts located in the Haw
River Sub Watershed of Jordan Lake according to 15A NCAC 02B .0295, which became
effective on November 1, 2015.
Please feel free to call [phone] if you have any questions regarding this correspondence.
Sincerely,
E
DocuS.ig-ne-d'by: ��AA
ftfl�f_ (ASS
980C5097DNE4E9...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Attachments: Adaptive Management Plan
cc:File Copy (Blake Hartshorn)
Barrett Jenkins — RS (via electronic Mail)
Kim Isenhour — USACE [e-mail]
Theodore Bethea — NC Wildlife Habitat Foundation beaubetheaggmail.com
Page 2 of 2

DocuSign Envelope ID: 81ACA157-493B-41B0-B790-F1200FC904D9
Restoration Systems, LLC
1101 Haynes St. Suite 211
Raleigh, North Carolina
Ph: [phone]
Fx: [phone]
Thursday, May 30, 2023
a DAVEA. company
ATTN: Katie Merritt DS 6/20/2023
North Carolina Division of Water Resources �G
1617 Mail Service Center,
Raleigh, NC 27699-1617
Subject: Proposal of an Adaptive Management Plan for the Rocky Top Bank Parcel Phase One Haw
River WS Umbrella Banking for Riparian Buffer and Nutrient Offset Mitigation Credits (DWR# 2014-
1149-V9)
Ms. Merritt,
After the closeout site visit of the Site, you provided Field Notes. Your Notes included additional planting
of live stakes within marsh treatment areas, and wetland draws. This proposal is a response to those
notes.
During the closeout site visit on May 2"d, 2023, stem densities were insufficient within the marsh
treatment areas and wetland draws where the riparian restoration areas generate riparian buffer
credits. IRS proposes installing seventy-five (75) live stakes within the referenced zones (Figure 1).
Species will include an even mix of Black willow (Salix nigra), Silky dogwood (Cornus amomum), and
Buttonbush (Cephelanthus occidentalis). Planting material will be harvested locally from the Site. The
proposed AMP will be implemented within thirty (30) days of DWR approval.
Rs will photograph the completed work and submit an AMP completion memo to DWR and separately
to the USACE in the annual stream mitigation monitoring report.
If you have any questions, please do not hesitate to contact me at 910.840.3809.
Sincerely,
Josh Merritt
1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492

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