20210536 Ver 1_Tobacco Road MBI_BUFFER_FinalDraft_2021-0536_20230623

ID#* 20210536 Version* 1
Select Reviewer:
Katie Merritt
Initial Review Completed Date 06/23/2023
Mitigation Project Submittal - 6/23/2023
Is this a Prospectus, Technical Proposal or a New Site?* Yes No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name: * Email Address:
Ben Carroll [e-mail]
Project Information
ID#: * 20210536 Version:* 1
Existing ID# Existing Version
Project Type: DMS Mitigation Bank
Project Name: Tobacco Road Mitigation Project
County: Alamance
Document Information
Mitigation Document Type:*
Mitigation Bank Instrument
File Upload: Tobacco Road MBI BUFFER FinalDraft 2021-
1.18M6
0536.pdf
Please upload only one PDF of the complete file that needs to be submitted...
Signature
Print Name:* Benton R Carroll
Signature: *
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1

AGREEMENT TO ESTABLISH THE RES TOBACCO ROAD MITIGATION BANKING
INSTRUMENT IN THE HAW RIVER SUBWATERSHED FOR NUTRIENT OFFSET AND
RIPARIAN BUFFER MITIGATION CREDITS PURSUANT TO THE JORDAN LAKE
NUTRIENT MANAGEMENT STRATEGY

TABLE OF CONTENTS

I. PREAMBLE ....................................................................................................................... 2
II. LOCATION AND GEOGRAPHIC SERVICE AREA ...................................................... 2
III. AUTHORITIES .................................................................................................................. 3
IV. ESTABLISHMENT OF BANK PARCEL ......................................................................... 3
V. PRE-CONSTRUCTION DOCUMENTATION ................................................................. 5
VI. POST CONSTRUCTION DOCUMENTATION .............................................................. 7
VII. CALCULATION OF MITIGATION CREDITS ............................................................ 10
VIII. CREDIT RELEASE SCHEDULE .................................................................................... 12
IX. PROCEDURE FOR DEBITING AND CREDITING ...................................................... 13
X. BANK PARCEL CLOSURE ............................................................................................ 15
XI. GENERAL PROVISIONS FOR THE BANK PARCEL ................................................. 15

ATTACHMENTS
A – Division of Water Resources Authority Document
B – Delivered Credit Yield Table for Jordan Subwatersheds dated December 20, 2012
C – Ledger Templates
D – Project Credit Table (template)

References
1. Nutrient Offset Credit Trading Rule:
http://reports.oah.state.nc.us/ncac/title%2015a%20‐%20environmental%20quality/chapter%2002%20‐
%20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0703.pdf
2. Riparian Buffer Mitigation Rule:
http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-
%20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0295.pdf
3. NC Session Law 2019-86 “Nutrient Offset Credits”:
https://www.ncleg.gov/Sessions/2019/Bills/House/PDF/H812v3.pdf
4. Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits (November 2019):
https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401/Mitigation/Issues---
Resolutions-Ver-1.0-buffer-mitigation-nutrient-offset.pdf
5. NCDWR – Methodology and Calculations for Nutrient Reduction on the Bank Parcel:
https://files.nc.gov/ncdeq/Water%20Quality/Planning/NPU/Nutrient%20Offset%20Rule/Ag-Buffer-
Credit.pdf

2

I. PREAMBLE
This RES Tobacco Road Mitigation Banking Instrument (“Instrument”) regarding the establishment,
use, operation, and maintenance of the Tobacco Road Nutrient Offset and Buffer Mitigation Bank
Parcel (“Bank Parcel”), to provide Jordan Lake Riparian Buffer mitigation credits (“Riparian Buffer
Credits”) and Jordan Lake Nutrient Strategy nutrient load reduction credit (“Nutrient Offset Credits”)
is made and entered into by and among Environmental Banc and Exchange, LLC acting as the Bank
Sponsor (“Sponsor”), and the North Carolina Department of Environmental Quality – Division of
Water Resources (“DWR”). This Instrument is in accordance with the 15A NCAC 02B .0703 and
Consolidated Mitigation Rule 15A NCAC 02B .0295, which became effective on April 1, 2020 and
November 1, 2015 respectively (References 1 and 2).

The purpose of this Bank is:

A. To restore, enhance and preserve riparian vegetation adjacent to mitigated streams with the intent
to improve water quality, reduce nutrient loads, enhance flood attenuation and restore wildlife
habitat along unnamed tributaries within the Haw River Subwatershed of the Jordan Lake
Watershed.

B. To convert agricultural land uses within riparian areas adjacent to mitigated streams into a dense
and diverse, hardwood vegetated state with the intent to significantly reduce nutrient loadings
associated with agricultural practices practices into streams.

C. To provide buffer mitigation and nutrient offsets and sell any resulting Riparian Buffer Credits
and/or Nutrient Offset Credits to third parties in the Haw River Subwatershed of the Jordan Lake
Watershed, for development (both existing and proposed) or to offset NPDES-permitted
wastewater nutrient sources requiring such mitigation or offset.

II. LOCATION AND GEOGRAPHIC SERVICE AREA
A. The Geographic Service Area (“GSA”) is the designated area wherein a Bank can reasonably be
expected to sell Riparian Buffer Credits and/or Nutrient Offset Credits for impacts due to
development activities.

B. The GSA for this instrument is limited to the Haw River Subwatershed of Jordan Lake as defined
in rule 15A NCAC 02B .0262.

C. Sale or transfer of Riparian Buffer Credits shall be limited to the Haw River Subwatershed of the
Jordan Lake Watershed, as defined in rule 15A NCAC 02B .0262, unless otherwise authorized by
the DWR or delegated local government in accordance with 15A NCAC 02B .0295.

D. Sale or transfer of delivered Nutrient Offset Credits shall be limited to Haw River Subwatershed
of the Jordan Lake watershed, as defined in rule 15A NCAC 02B .0262 and in accordance with
15A NCAC 02B .0703, unless otherwise authorized by the DWR in accordance with Session Law
(S. L.) 2019-86.

3

E. The following table provides site-specific details of the Bank Parcel proposed under this
Instrument, which is within the Haw River Subwatershed of the Jordan Lake Watershed;

Table 1.0 – Site-specific Details
Bank Parcel
Name
County 14-Digit USGS
HUC
DWR
Project #
Project
Location
Named
Receiving
Stream
Primary Land Use/s
Tobacco Road Alamance 03030002050040 2021-0536 35.973063,
-79.282234
Motes Creek Combination of forested and
non-forested areas used for
livestock and row crop
agriculture

III. AUTHORITIES
A. The Bank Parcel will be used to provide Riparian Buffer Credit and/or Nutrient Offset Credit in
accordance with the requirements in the DWR Authority document referenced herein as
“Attachment A” and attached to this Instrument.

B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Attachment A and any new approved North Carolina (“State”) statutes and rules
for the Jordan Lake Nutrient Sensitive Waters Management Strategy.

C. The selling of credits generated from the Bank Parcel approved under this Instrument, shall be
consistent with approved State statutes and rules for the Jordan Lake Nutrient Sensitive Waters
Management Strategy.

D. Nutrient reduction activities and buffer mitigation activities proposed under this Instrument and
corresponding Buffer Mitigation and Nutrient Offset Plan (Plan) to generate Riparian Buffer
Credits and Nutrient Offset Credits shall be consistent with State statutes and rules for the Jordan
Lake Nutrient Sensitive Waters Management Strategy that are in place at the time a complete Plan
is submitted to DWR.

IV. ESTABLISHMENT OF BANK PARCEL
A. In accordance with 15A NCAC 02B .0295 and 15A NCAC 02B .0703, DWR has provided a “Site
Viability Letter” for the Bank Parcel proposed under this Instrument. The site viability letter is not
an approval of the site to generate Riparian Buffer Credits and Nutrient Offset Credits, but is a
preliminary review of the Bank Parcel that details and confirms existing land-use conditions,
defines the riparian sites (Enhancement, Preservation, or Restoration), and identifies features
(streams, ditches, ponds, etc.) that meet general criteria to be suitable to generate Riparian Buffer
Credits and Nutrient Offset Credits. Table 2.0 below outlines when a Site Viability Letter was
issued by DWR for the mitigation site proposed under this Instrument:

Table 2.0 – Site Viability Letter Details
Bank Parcel NC DWR Site Visit Viability Letter
Received
Viability Letter
Expiration Date
Tobacco Road August 11, 2021 September 24, 2021 Setptember 24, 2023
4

B. A valid Site Viability Letter is required prior to submittal of the Plan. Site Viability Letters will
either expire on the dates listed in the table above or upon the submittal of an individual As-Built
Report to the DWR, whichever comes first. If the Site Viability Letter expires prior to submittal
of a complete Plan as described in Section V to DWR, then the Sponsor must submit a formal
request to DWR for a new Site Viability Letter for that Bank Parcel.

C. The Bank Parcel proposed for inclusion under this Instrument shall require a Plan be submitted to,
and approved by, the DWR prior to use of the individual Bank Parcel for mitigation purposes or
for any sale or transfer of any associated credits. The contents of the Plan are provided in Section
V.

D. This Bank Parcel is slated to be developed in conjunction with the RES Cape Fear Umbrella
Mitigation Bank, and the Tobacco Road Mitigation Site, United States Army Corps of Engineers
(USACE) Action ID # SAW-2021-00489, for stream mitigation. The Stream Mitigation Plan
associated with this Bank Parcel has been submitted to the Interagency Review Team (IRT) for
review and approval.

E. The Plan submitted under this instrument will be placed on public notice and made available for
public commenting for 15 calendar days.

F. Most of the Riparian Buffer Credits on this Bank Parcel will be generated along stream channels
that are proposed for stream mitigation. The Stream Mitigation Plan will be submitted under the
RES Cape Fear Umbrella Mitigation Bank referenced in “D” in this section. Additionally, all
activities conducted within riparian buffers and adjacent riparian areas for purposes of generating
Riparian Buffer Credits or Nutrient Offset Credits will be conducted in concurrence with stream
mitigation activities and not before. Riparian Buffer Credit may be achieved through restoration,
enhancement and preservation of DWR riparian buffers as they are defined in 15A NCAC 02B
.0267, and other riparian areas allowed per 15A NCAC 02B .0295 (n) and (o) where applicable.
Riparian Buffer Credits are only attainable if the width of the riparian areas is at least 20 feet
from tops of banks along streams and ephemeral channels when measuring perpendicular and
landward from tops of banks. Riparian Buffer Credits are attainable to a maximum of 200 feet
from tops of banks of streams and ephemeral channels and a maximum of 50 feet from tops
of banks of viable ditches. The viability potential of features to generate Riparian Buffer
Credit is provided in the Site Viability Letter for the Bank Parcel and referenced in Table 2.0
of this Instrument.

G. The Bank Parcel is intended to provide Jordan Lake Riparian Buffer Credit as follows:

1. Planting hardwood trees and shrubs on a Restoration Site as defined in 15A NCAC 02B
.0295(b) adjacent to viable mitigated streams as allowed per 15 NCAC 02B .0295(n) and (o).
2. Maintaining a Preservation Site as defined in 15A NCAC 02B .0295(b) by placing a
conservation easement around riparian areas adjacent to mitigated streams as allowed by
15A NCAC 02B .0295 (o).
3. Enhancing riparian areas that are being grazed by cattle by installing fencing to
permanently exclude cattle from the mitigated streams and their associated riparian areas
as allowed in 15A NCAC 02B .0295 (o)(6).
5

4. Diffused flow will be maintained onsite to the maximum extent practicable. The Buffer
Interpretation/Clarification Memo #2008‐019 may be applied where maintenance of
diffuse flow onsite is unattainable

H. Nutrient Offset Credit may be achieved on this Bank Parcel through restoration of the riparian
areas adjacent to mitigated streams, where agriculture was determined by DWR to be the
predominant land use. Nutrient Offset Credits are only attainable if the width of the restored
riparian areas are at least fifty (50) feet as measured perpendicular from tops of banks along viable
streams. The width of the restoration area begins at the most landward limit of the top of bank or
the rooted herbaceous vegetation and extends landward a minimum of 50 feet and a maximum of
200 feet on all sides of the surface waters. The viability of features to generate nutrient offset
credits is provided in the Site Viability Letter for the Bank Parcel and referenced in Table 2.0 of
this Instrument.

I. The Bank Parcel is expected to provide Nutrient Offset Credits in accordance with 15A NCAC
02B .0703 as follows:

1. Converting agricultural land uses within riparian areas to a diverse forest by placing a
perpetual conservation easement around riparian areas along viable and mitigated streams
in accordance with 15A NCAC 02B .0703 (g).
2. Planting hardwood trees and shrubs on a Restoration Site as defined in 15A NCAC 02B
.0295(b) adjacent to viable and mitigated streams where agriculture has been determined
by DWR to be the predominant land-use.

J. The total area of riparian restoration activities on the Tobacco Road Bank Parcel is expected to be
43.01 acres.

V. PRE-CONSTRUCTION DOCUMENTATION
Buffer Mitigation and Nutrient Offset Plan

A. The Tobacco Road Buffer Mitigation and Nutrient Offset Plan (Plan) submitted under this
Instrument shall be submitted to DWR for review and must be approved by DWR prior to any
construction on the Bank Parcel. The Plan must describe any changes that have occurred to the
site between the date of the Site Viability Letter and the date the Plan is submitted to DWR. The
Plan shall include detailed information consistent with the sections below concerning; 1) site
location (14-digit HUC is required); 2) existing conditions with current photos; 3) proposed buffer
mitigation and nutrient offset activities including a detailed vegetation Plan; 4) monitoring and
maintenance plans; 5) financial assurances; 6) associated buffer mitigation/nutrient offset credit
calculations, which shall include credit generation, service area, and accounting as appropriate for
each regulatory authority; 7) stream buffer determination letter from DWR, and 8) Site Viability
Letter from DWR; 9) a figure depicting the proposed stream and wetland mitigation areas; 10)
service area figure for each mitigation type proposed under this Instrument, and 11) all pertinent
information including but not limited to permitting, bank stabilization, culvert removal, installation
of any utilities indirectly or directly affecting the Bank Parcel, endangered or threatened species,
presence of historical sites and an Environmental Data Resources (EDR) report to evaluate
environmental risk associated with the land proposed for the Bank Parcel.
6

B. The Sponsor will obtain all applicable federal, state, and local documentation, permits, or
authorizations needed to construct and maintain the Bank Parcel. This Instrument does not qualify
as, or substitute for, such documentation, permit, or authorization.

C. Any restoration activities or proposed construction within the streams, riparian buffers, and other
riparian areas on the Bank Parcel to produce Riparian Buffer Credit or Nutrient Offset Credit must
be approved by DWR in writing prior to implementation. The failure of the Sponsor to comply
with this requirement may result in a revised or reduced credit release schedule for the Bank Parcel.
All restoration and mitigation-related activities must be performed in concurrence with any stream
and/or wetland mitigation activities and not before.

D. Requests for deviation from the approved Plan must be submitted to DWR in writing. Written
approval from the DWR must be received prior to implementing any deviation from the approved
Plan.

Property Disposition & Long-Term Management for the Bank Parcel

E. Prior to the release of any credits, the Sponsor shall record permanent conservation easements at
the Alamance County Register of Deeds’ office that is sufficient to ensure protection, operation
and maintenance of restored riparian buffers and other riparian areas for the duration specified in
the approved Plan.

F. The form of the conservation easement shall be consistent with the standards employed by the
State of North Carolina in the protection of restored riparian buffers and riparian areas and shall
be approved by the DWR and USACE prior to the release of any credits.

G. The Sponsor shall not grant additional easements, right of ways, or any other property interest in
or to the project areas, without prior approval from the DWR and the USACE.

H. The Sponsor agrees to transfer or assign the conservation easement and its interests in perpetuity
to a qualified holder under NC General Statute (“GS”) 121-34 et seq. and 170(h) of the Internal
Revenue Code prior to the first credit release. The holder shall be a land trust or stewardship
program that will hold and enforce the conservation easement and the interests in perpetuity. The
Sponsor shall choose a land trust or stewardship program that is accredited by the Land Trust
Accreditation Commission and/or has been approved by DWR prior to the first credit release. A
land trust must be certified under 501(c)(3) of the Internal Revenue Code.

I. In the event the Sponsor is also the owner of the underlying fee interest in the property, the
conveyance of the conservation easement to a land trust or stewardship fund must be arranged at
the outset of the approved Plan.

Financial Assurances for Bank Parcel Development

J. Following approval of the Plan for the Bank Parcel, the Sponsor shall provide
Performance/Maintenance Bonds from a surety company that is rated no less than an “A-” as rated
by A.M. Best, to construct the sites according to the approved plans. It is the Sponsor’s
7

responsibility to confirm that the surety company is rated no less than an “A-” with each annual
bond renewal.

K. The amount of the Performance Bond shall be 100% of the estimated cost for implementation of
the mitigation activities of the Bank Parcel as described in the approved Plan. No bond shall be
less than $150,000.00 to cover construction costs.

L. Alternatively, in lieu of posting Performance Bonds, the Sponsor may elect to construct the
projects prior to the first credit releases.

M. Once DWR has released all credits for completion of all the items listed below, then the Bank
Sponsor will be released from its performance obligations under the performance bond required in
Item J and K of this section:

1. Instrument and Buffer Mitigation & Nutrient Offset Plan Approved by DWR, Draft
Stream/Wetland Mitigation Plan Approved by IRT, Conservation Easement Recorded and
Assigned according to Item B (1) of Section X in this Instrument has been completed and
approved by DWR* and Financial Assurance Posted
2. All Riparian Earthwork, Planting and Installation of Monitoring Devices Completed,
Easement Boundaries are adequately marked, and all applicable permits obtained, stream
and wetland mitigation activities completed and a site visit performed by DWR.
3. Monitoring Financial Assurance Posted and Approval of As-Built Report

N. To comply with this section, DWR must be the Obligee on all performance bonds.

VI. POST CONSTRUCTION DOCUMENTATION FOR THE BANK PARCEL
As-Built Report

A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this
Instrument and corresponding Plan, to establish, maintain, and monitor Jordan Lake Riparian
Buffers or other riparian areas until Item B (1) and (2) of Section X have been satisfied.

B. Within 30 calendar days after completing the establishment of the buffer mitigation and nutrient
offset areas, the Sponsor will submit written notification to DWR documenting that all buffer
mitigation and nutrient offset activities have been completed per the approved Plan. Failure to
submit written notification within 30 days may result in a modified credit release schedule or a
delay in the issuance of credit releases. Notification shall include all the following:

1. Short summary of activities completed as required per the approved Plan;
2. Figures representing all riparian restoration, riparian enhancement and riparian
preservation activities where applicable;
3. Figures representing location of all monitoring plots installed;
4. Detailed planting plan- including type of species planted, density of species
planted, and any modifications to the planting plan from what was approved in the
Plan;
8

5. Description of how the conservation easement boundaries were marked;
6. Any major changes to the conservation easement boundary or to the amount of
Riparian Buffer Credits or Nutrient Offset Credits from what was proposed in the
approved Plan.

C. The Sponsor will submit an as-built plan and report for the Bank Parcel after completing the
establishment of the buffer mitigation and nutrient offset areas and when all stream mitigation
activities have commenced. The as-built report will describe any deviation from the approved Plan
and will document the following:

1. Riparian restoration and planting details, invasive species control, confirmation of fence
installation (where applicable), monitoring device locations, vegetation plot locations,
photo point locations, as appropriate and confirmation that all boundary markers are
installed.
2. Provide confirmation that the construction of all stream mitigation activities has been
completed.
3. Boundary Survey of the conservation easement area, signed and sealed by a licensed
surveyor, including an inventory of the final areas for riparian buffer mitigation and
nutrient offset in both square feet and acres.
4. As-built map of the mitigation area showing where riparian restoration, riparian
enhancement and/or riparian preservation was performed and any deviations to the Bank
Parcel from what was approved in the Plan.
5. As-Built map of the stream mitigation areas.
6. Aerial map of the mitigation area that was included in the approved Plan.

Financial Assurance for Bank Parcel Monitoring and Maintenance

D. After completion of the restoration/construction on the Bank Parcel, a Performance/Maintenance
Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance
plan as described in the approved Plan and As-Built Report applicable for the site. The Bond must
be from a surety company that is rated no less than an “A-” as rated by A.M. Best, and it is the
Sponsor’s responsibility to confirm that the surety company is rated no less than an “A-” with
annual bond renewals.

E. A Performance/Maintenance Bond shall be secured each year for a minimum of five years, and
until DWR has released all Riparian Buffer Credits and Nutrient Offset Credits to the Bank
Sponsor. No bond shall be less than $100,000 initially, to cover monitoring and maintenance costs.

F. Once DWR has released 100% of all credits for completion of all Bank Parcel milestones described
in Table 5.0 of Section VIII and in the corresponding Plan, the Bank Sponsor will be released from
its performance obligations under the performance bond required in D and E of this Section.

G. To comply with this section, DWR must be the Obligee on all performance bonds.

9

Monitoring and Maintenance Reports

H. The Sponsor shall monitor the Bank Parcel as described in the Plan until such time as DWR
determines that the performance standards described below have been met. The monitoring period
shall be a minimum of five consecutive years.

I. Performance Standards for Vegetation: Native hardwood trees or native hardwood tree and shrub
species should be Planted at a density sufficient to provide 260 stems per acre after five years. A
minimum of four (4) native hardwood trees or four (4) native hardwood tree and shrub species
must be planted. No one species shall be greater than 50% of the planted stems. A list of species
for planting will be detailed in the Plan for approval. Native hardwood tree volunteer species may
be included to meet performance standards as determined by the DWR.

J. A “stem” means a woody seedling, sapling, shrub or tree, no less than 10 centimeters in height and
shall apply, on the Bank Parcel, to the minimum height that a planted tree or shrub shall be at
initial planting. Volunteer stems that are less than 10 centimeters shall not be quantified and
included in the annual vegetation data included with the monitoring reports.

K. If the performance standards of the vegetation are not met, supplemental Plantings may be
required. Supplemental Plantings will be utilized until the required densities have been achieved
and maintained for five years. Bank Parcel maintenance, such as ensuring diffuse flow, managing
invasive species, and pest control will be included in the Plan.

L. Monitoring Reports for Riparian Buffer Credit or Nutrient Offset Credit: Reporting criteria
of the vegetation shall be based on the Carolina Vegetation Survey (CVS) – EEP Protocol for
Recording Vegetation Level 2 Plot Sampling only version 4.0 or any updated versions of this
protocol in place on the date of acceptance of the Plan. The Sponsor shall submit to the DWR an
annual monitoring report no later than December 31 of each year for a minimum of five
consecutive years after the first full growing season. Vegetation data shall not be collected prior
to late August of each year. This report will describe the conditions of the Bank Parcel, including
an evaluation of the performance standards of the vegetation contained within the approved Plan.
Reports shall contain the following:

1. A U.S. Geological Survey map showing location of the Bank Parcel;
2. A detailed narrative with supporting photos summarizing the condition of the Bank Parcel
along with any maintenance or remediation performed that year; and
3. A map, survey, or other figure showing locations of sampling plots, permanent photo
points, location of transects, etc.; and
4. Monitoring data, including specific vegetative counts, vigor and height data showing that
the trees or tree and shrub species planted are meeting performance standards and updated
photographs; and
5. A copy of the most recent Bank credit/debit ledgers; and
6. Corresponding verification letters from designated local governments upon request; and
7. Corresponding Mitigation Transfer Certificates upon request; and
8. Proof of performance bond renewal to cover the next monitoring year (if applicable)

10

Contingency Plans/Remedial Actions

M. In the event the Bank Parcel fails to achieve the performance criteria described in this Instrument
and the approved Plan, the Bank Sponsor shall develop necessary contingency plans in
coordination with the DWR and implement appropriate remedial actions for the Bank Parcel and
the Bank. Depending on the degree of remedial actions required, the DWR may modify the
monitoring period.

VII. CALCULATION OF CREDITS
Riparian Buffer Credits

A. All Riparian Buffer Credits shall be determined based on the ratios and percentages provided in
15A NCAC 02B .0295(m) and (n) following the guidance provided in the Clarified Procedures
for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR,
see reference # 4, including the most recent Project Credit Table Template provided online (see
Attachment D).

B. Riparian buffer restoration on the Bank Parcel, as described in 15A NCAC 02B .0295(n) and (o)(3)
and defined in 15A NCAC 02B .0295(b) that is performed on agriculture lands within the Bank
Parcel, may be used for either Riparian Buffer Credit or Nutrient Offset Credit, but not both.

C. Riparian buffer preservation on the Bank Parcel, as described in 15A NCAC 02B .0295 (o) and
defined in 15A NCAC 02B .0295 (b), can only be used for Riparian Buffer Credit.

D. Riparian Buffer Credit is defined as one (1) buffer credit per one square foot or 43,560 buffer
credits per one acre.

Nutrient Offset Credits

E. The square footage of Nutrient Offset Credits on the Bank Parcel submitted under this Instrument
will be determined by applying the applicable ratio as provided in 15A NCAC 02B .0295(m) for
a Restoration Site following the guidance provided in the Clarified Procedures for Calculating
Buffer Mitigation Credits and Nutrient Offset Credits issued by the DWR, including the most
recent Project Credit Table Template provided online by DWR, see reference # 4 and Attachment
D. All riparian areas proposed for Nutrient Offset Credits must be a minimum of 50 feet from the
top of the stream banks on land noted in a Site Viability Letter as agriculture.

F. Nutrient Offset Credits cannot be achieved through the preservation activities performed on this
Bank Parcel.

F. Nutrient Offset Credits cannot be achieved through the enhancement activities performed on this
Bank Parcel that are generated under 15A NCAC 02B .0295 (o)(6).

G. Nutrient Abatement of Restored Riparian Area/Buffers within landuse determined to be
agricultural land: The Sponsor and DWR agree to the following:
11

a. Pursuant to the Jordan Trading Rule Item 15A NCAC 02B .0273(2)(a), load reductions
eligible for credit are only those that exceed reduction needs calculated by applying the
strategy subwatershed percentage reduction goals as provided in 15A NCAC 02B .0262(5).
For the Haw River Subwatershed, this requirement results in a reduction of credits yielded
per acre for restored riparian buffers when compared with the credit given in other river
basins. Table 3.0 below lists the generated credit per acre of restored riparian buffer for the
Haw River Subwatershed.

Table 3.0. Generated credit yields for forest buffer restoration in Haw River Subwatershed
Credit Generated (lbs/30 yrs/ac)
Jordan Subwatershed Nitrogen Phosphorus
Haw River 2,249.360 143.810

H. As required under Jordan Trading Item 15A NCAC 02B .0273 (2)(d)(i), the party seeking to sell
credit must account for differences in instream nutrient losses between the location of the reduction
need and excess loading reduction being delivered to the affected area of Jordan Lake. Attachment
B produced the delivered Jordan Lake Total Nitrogen (TN) and Jorden Lake Total Phosphorus
(TP) credit yields per acre of buffer restoration by each Jordan Lake 14-digit HUC subwatershed.

a. Delivered credits are calculated by applying the delivery factors in Table 4.0 below and the
acreage of riparian restoration to the generated credit yields from Table 3.0 above. The
delivery factors for the Bank Parcel under this Instrument for Total Nitrogen (TN) and
Total Phosphorus (TP) are provided in Table 4.0 below using Attachment B for reference.
The amount of delivered credits for each Bank Parcel will be detailed in the Plan for the
Bank Parcel.

Table 4.0 – Delivery Factors
Delivery Factors & 1 Credit Conversion Ratio
Bank Parcel TN TP
Tobacco Road 80%
24.20689 square feet/pound
73%
414.93105 square feet/pound
1 Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter
issued by the DWR in November 2019

b. The Bank Sponsor shall report the pounds of nitrogen and phosphorus credit per acre of
restored riparian buffer in the Bank Parcel’s Plan for both credits generated at the site of
the nutrient reduction activity and the credit delivered to Jordan Lake.

I. The Sponsor and DWR agree the methodology and calculations for determining nitrogen and
phosphorus reduction, associated with restoration of riparian areas as described in Section IV of
this Instrument, shall be fixed as part of the approval of this Instrument, with the fixed amount not
changing during the Plan review or credit release schedule for the bank parcel. For further details
on the approved method and calculations for determining nutrient reductions associated with the
riparian restoration on this Bank Parcel refer to the NCDWR - Methodology & Calculations for
Nutrient Reductions document found in reference # 5.

12

VIII. CREDIT RELEASE SCHEDULE
A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by
DWR, it is agreed that the mitigation credits associated with the Bank Parcel will become available
for sale to a third party in accordance with the Credit Release Schedule below in Table 5.0.

Table 5.0 - Credit Release Schedule for Riparian Buffer Credits and Nutrient Offset Credits
Task Project Milestone % Credit
Available for sale
1
Instrument and Buffer Mitigation & Nutrient Offset Plan Approved by DWR, Draft Stream/Wetland Mitigation Plan Approved by IRT, Conservation Easement Recorded and Assigned according to Item B (1) of Section X in this Instrument has been completed and approved by DWR.* and Financial Assurance Posted
25
2
All Riparian Earthwork, Planting and Installation of Monitoring Devices Completed, Easement Boundaries are adequately marked, and all applicable permits obtained, stream and wetland mitigation activities completed and a site visit performed by DWR.
20
3 Monitoring Financial Assurance Posted and Approval of As-Built Report 10
4 Monitoring Report #1: Approved by the DWR** & financial assurance renewed
10
5 Monitoring Report #2: Approved by the DWR** & financial assurance renewed 10
6 Monitoring Report #3: Approved by the DWR** & financial assurance renewed 10
7 Monitoring Report #4: Approved by the DWR** & financial assurance renewed 5
8
Monitoring Report #5: Approved by the DWR** and final site visit by DWR has been conducted
10
Total 100%
* For specification, please see Section VIII in this Instrument
** DWR Approval provided upon a determination that the site is meeting performance standards contained within the
approved Plan

B. DWR may modify the credit release schedules based on the information submitted or the order in
which required information is received. DWR will notify the Sponsor of any modification to the
credit release schedule.

C. DWR may consider a Credit Release Schedule for a Bank Parcel based on the extent of change
between current onsite conditions and proposed post construction conditions.

D. The riparian buffer credits and nutrient offset credits for this Bank Parcel are contingent upon the
Sponsor fully implementing the approved Plan for the site under this Instrument in concurrence
with all stream and wetland mitigation activities proposed in the approved Stream and Wetland
Mitigation Plan referenced in Item D of Section IV of this Instrument.

13

IX. PROCEDURE FOR DEBITING AND CREDITING
Credit Ledgers

A. The Bank Sponsor shall maintain a credit ledger for each mitigation type for the Bank Parcel under
this Instrument, unless otherwise instructed by DWR in the approved Plan: Credit ledgers shall provide
the accounting for Riparian Buffer Credit in square feet and acres and Nutrient Offset Credits in
pounds and square feet.

B. Each credit ledger shall be submitted on a separate 8 ½ inch by 11-inch spreadsheet with legible
font style and font size. The ledger shall be submitted using the templates provided in Attachment
C of this Instrument or any updated versions to these templates as provided by DWR.

Credit Processing

C. Riparian Buffer Credits generated on this Bank Parcel will be used to provide mitigation for
authorized buffer impacts within the Haw River Subwatershed of the Jordan Lake Watershed
according to 15A NCAC 02B .0295(g).

D. Nutrient Offset Credits generated on this Bank Parcel will be used to offset nitrogen and
phosphorus nutrient loads within the Haw River Subwatershed of the Jordan Lake, in accordance
with 15A NCAC 02B .0703.

E. Available Riparian Buffer Credits (credits that have been released by DWR but not sold by the
Sponsor) that are generated from riparian restoration on land designated as agriculture and meet
criteria for nutrient offset credits as outlined in Section VII of this Instrument, the Site Viability
Letter, and the corresponding Plan can be converted from Riparian Buffer Credits to Nutrient
Offset Credits upon written approval from DWR. Once a credit has been converted to another
credit type, the transaction is permanent, and the credit cannot be converted again.

F. Available Nutrient Offset Credits (credits that have been released by DWR but not sold by the
Sponsor) that are generated from riparian restoration within 0-100' from tops of banks and meet
criteria for riparian buffer credits as outlined in Section VII of this Instrument, the Site Viability
Letter, 15A NCAC 02B. 0295 and the corresponding Plan can be converted from Nutrient Offset
Credits to Riparian Buffer Credits upon written approval from DWR. Once a credit has been
converted to another credit type, the transaction is permanent, and the credit cannot be converted
again.

G. Riparian Buffer Preservation credits generated on this Bank Parcel are not transferrable into
Nutrient Offset Credits.

H. Credit conversions must be calculated using the guidance provided in the Clarified Procedures for
Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR, see
reference # 5.

14

I. The Bank Sponsor shall obtain written verification of buffer mitigation required from the delegated
local government in the Haw River Subwatershed of the Jordan Lake Watershed or DWR prior to
debiting Riparian Buffer Credits from the individual Bank Parcel.

J. The Bank Sponsor shall obtain verification of nutrient offset need from a designated local
government in the Haw River Subwatershed of the Jordan Lake Watershed or DWR, prior to
debiting Nutrient Offset Credits from the Bank Parcel.

K. All credit and debit transactions for the bank parcel under this Instrument shall be accurately
depicted in the credit ledgers. The Bank Sponsor shall provide DWR up-to-date credit ledgers for
the Bank by the tenth (10th) of each month. At a minimum and upon request, DWR shall receive a
hard copy of updated credit ledgers along with the corresponding Mitigation Credit Transfer
Certificates and all corresponding letters from the designated or delegated local governments or
DWR where applicable once a year. Notification of all credit sales shall be provided to DWR until
all credits that have been released have been sold.

Mitigation Credit Transfer Certificates

L. All credit sales will include a Mitigation Credit Transfer Certificate (“Certificate”) that is required
to be provided to the buyer of Riparian Buffer Credits and/or Nutrient Offset Credits, that will
include, at a minimum, the following information:

1. Bank Details: (1) Bank Sponsor Name, (2) Bank Parcel as it appears in this Instrument, (3)
DWR project number for the Plan as it appears in Table 1.0.

2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, (3 – when
applicable) amount of nitrogen credits purchased in pounds and confirmation from the
designated local government of the amount required, and (4 – when applicable) amount of
phosphorus credits purchased in pounds and confirmation from the designated local
government of the amount required, and (5 – when applicable) amount of Riparian Buffer
Credits purchased in square feet and the confirmation from DWR or the local government
of the amount required.

3. Permitted Project Details: (1) project name and project number as it appears on DWR or
local government permits and/or certifications, (2) 14-digit HUC, (3) the subwatershed
within the Jordan Lake Watershed applicable to the project, (4-when applicable) nutrient
strategy applicable to the project, (5 – when applicable) designated local government
requiring Nutrient Offset Credits, and/or (6) DWR or delegated local government requiring
Riparian Buffer Credits for this project.

M. If the DWR determines that the Bank is operating at a deficit (e.g. the Sponsor is closing on sales
and/or transferring credit that is not available), or the Bank is selling credits out of compliance
with statutes, rules or this Agreement, the sale/transfer of credits will immediately cease, and the
DWR, in consultation with the Sponsor, will determine what remedial actions are necessary.

15

X. BANK PARCEL CLOSURE
A. Bank Parcel Closure shall be identified as the event when the Sponsor is relieved of all of its
responsibilities to the Bank Parcel and there are no Riparian Buffer Credits or Nutrient Offset
Credits left to sell.

B. Bank Parcel Closure shall commence only after all of the following events have occurred:

1. Transfer or assign the conservation easement and all of its interests, in perpetuity, to a land
trust or stewardship program as described in Section V of this Instrument.

2. All five years of monitoring completed, and all monitoring reports submitted and approved
by DWR.

3. All credits have been released and debited and updated ledgers showing zero credit
balances have been submitted and approved by DWR.

XI. GENERAL PROVISIONS FOR THE BANK PARCEL
A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor and
the landowner shall grant permission to the Director of DWR, or authorized representative of the
Director of DWR, to enter the property containing the Bank Parcel.

B. Amendments: This Banking Instrument may be amended or modified only with written approval
of all signatory parties, including the USACE if it is applicable to the amendment.

C. Any transfer of the Sponsor’s rights or obligations outlined in this Instrument or any other
agreement referenced in this Instrument to a third party must be approved by DWR prior to the
transfer.

D. Force Majeure: After 100% of all of the credits have been released according to the credit release
schedule in Section VIII and confirmation has been received by the DWR that the Conservation
Easement has been successfully assigned in compliance with Item H of Section V, the Sponsor
will not be responsible for Bank failure that is attributed to natural catastrophes including but not
limited to flood, drought, disease, regional pest infestation, etc. that are beyond the control of the
Sponsor.

E. However, if an event occurs before 100% of all of the credits have been released according to the credit
release schedule in Section VIII, then the Sponsor shall take remedial action to restore the property
to its condition prior to the event, in a manner sufficient to provide adequate mitigation to cover
credits that were sold prior to the occurrence of the event. Such remedial action shall be taken by
the Sponsor only to the extent necessary and appropriate, as determined by DWR and the Sponsor.

DWR must concur in writing that a force majeure event has occurred for this provision to apply.

F. Oversight: Actions taken by DWR may include, but are not limited to, the following:

16

1. Site visits,
2. Issuance of Site Viability Letters,
3. Plan review and approval of items listed in Section V of this Instrument,
4. As-Built Report review, and approval of items listed in Section VI of this Instrument,
5. Monitoring Report review, and approval of items listed in Section VI of this Instrument,
6. Credit Ledger review and approval of items listed in Section IX of this Instrument,
7. Certificate review of items listed in Section IX of this Instrument and cross analysis to
credit ledgers and,
8. Information requests, file reviews and audits

Reports, ledgers, files and other information shall be made available to DWR upon request, unless
otherwise specified in this or any other document.

G. Validity of the Banking Instrument: This Instrument will become valid on the date of the last
party’s signature.

H. Specific Language of Banking Instrument Shall Be Controlling: To the extent that specific
language in this document changes, modifies, or deletes terms and conditions contained in those
documents that are incorporated into the Instrument by reference, and that are not legally binding,
the specific language within the Instrument shall be controlling.

I. Any disputes over decisions regarding this Instrument, shall be referred to the Director of DWR
for a decision. The Director’s decision is subject to review as provided in Articles 3 and 4 of G.S.
150B.

J. This Agreement shall be binding upon the parties and is entered into knowingly, intelligently, and
voluntarily.

K. Notices: All notices and other communications which may be or are required to be given or made
by any party to the other shall be in writing and shall be deemed to have been properly given and
received on the date delivered in person or deposited in the United States mail, registered or
certified, electronic mail, return receipt requested, to the addresses set out below, or at such other
addresses as specified by written notice delivered in accordance herewith.

If to Bank Sponsor: Environmental Banc & Exchange, LLC
Attention: Ms. Jamey McEachran
3600 Glenwood Ave.
Suite 100
Raleigh, North Carolina 27612

Jamey McEachran
[e-mail]

If to DWR: NC Division of Water Resources – 401 & Buffer Permitting Branch
Attn: Nutrient Offset and Buffer Banking Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
17

L. Applicable Law: This Agreement shall be construed under the laws of the State of North Carolina.

ENVIRONMENTAL BANC & EXCHANGE, LLC

By: Jamey McEachran (Print)

(Signature)
Title:

Date:

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY-DIVISION OF WATER
RESOURCES

By:

(Print)

(Signature)
Title:

Director, Division of Water Resources

Date:

Regulatory Manager
Nutrient Offset Program & Buffer Mitigation Program
Authorities for UMBI/MBI
Updated
03/26/2013
Attachment A
All Basins
General Statutes:
G.S. §143-214.1 Water; water quality standards and classifications; duties of Commission
G.S. §143-214.11 Ecosystem Enhancement Program
G.S. §143-214.26 Nutrient Offset Credits
G.S. §143-214.20-24 Riparian Buffer Protection Program
G.S. §143-214.7 Stormwater runoff rules and programs
G.S. §143-215.3(a)(1) General powers of Commission and Department; auxiliary powers
G.S. §143-215.6A Enforcement Procedures: Civil Penalties
G.S. §143-215.6B Enforcement Procedures: Criminal Penalties
G.S. §143-215.6C Enforcement Procedures: Injunctive Relief
G.S. §143-215.8B Basinwide Water Quality Management Plans
G.S. §143B-282 Environmental Management Commission –creation; powers and duties
Session Laws
S.L. 2012-200 (Amendment to G.S. §143-214.23 and G.S. §143-215.1)
S.L. 2011-343 (Amendment to G.S. §143-214.11)
S.L. 2009- 337 (Amendment to G.S. §143-214.11)
Administrative Rules:
15A NCAC 02B .0202 Definitions
15A NCAC 02B .0223 Nutrient Sensitive Waters
15A NCAC 02B .0237 Best Management Practice Cost-Effectiveness Rate
15A NCAC 02B .0240 Nutrient Offset Payments
15A NCAC 02B .0269 Riparian Buffer Mitigation Fees to the NC Ecosystem Enhancement Program
15A NCAC 02B .0274 Nutrient Offset Payment Rates for the NC Ecosystem Enhancement Program
15A NCAC 02B .0301 Stream Classifications
Jordan Buffer and Jordan Water Supply Nutrient Strategy
General Statutes and Session Laws:
G.S. §143-214.5 Water Supply Watershed Protection)
S.L. 2012-201
S.L. 2012-187
S.L. 2009-216
S.L. 2009-484
S.L. 2006-259 (Section 31(a))
S.L. 2005-190
S.L. 1999-329 (part of G.S. 143B-282)
Administrative Rules:
15A NCAC 2B .0262 Purpose and Scope
15A NCAC 2B .0263 Definitions
15A NCAC 2B .0264 Agriculture
15A NCAC 2B .0265 Stormwater Management for New Development
15A NCAC 2B .0267 Jordan Water Supply Nutrient Strategy
15A NCAC 2B .0268 Mitigation for Riparian Buffers
15A NCAC 2B .0270 Wastewater Discharge Requirements
15A NCAC 2B .0271 Stormwater Requirements for State and Federal Entities
15A NCAC 2B .0272 Fertilizer Management
15A NCAC 2B .0273 Options for Offsetting Nutrient Loads

Jordan Water Supply Nutrient Strategy
Delivered Credit Yield Table for Jordan Sub Watersheds
Updated
12/20/2012

Page 1 of 2

Attachment B

Delivered credit yields for buffer acres in Jordan small watersheds.
Watershed ID Jordan
Subwatershed
Delivery Factors TN Credit TP Credit
TN TP (lbs/30yrs) (lbs/30yrs)
03030002010010 Haw 25% 10% 562.34 14.38
03030002010020 Haw 37% 36% 832.26 51.77
03030002010030 Haw 44% 40% 989.72 57.52
03030002010040 Haw 49% 44% 1102.19 63.27
03030002010050 Haw 55% 48% 1237.15 69.03
03030002020010 Haw 15% 4% 337.40 5.75
03030002020020 Haw 22% 12% 494.86 17.26
03030002020030 Haw 48% 43% 1079.69 61.84
03030002020040 Haw 32% 33% 719.80 47.46
03030002020050 Haw 32% 32% 719.80 46.02
03030002020060 Haw 47% 42% 1057.20 60.40
03030002020070 Haw 54% 47% 1214.66 67.59
03030002030010 Haw 60% 56% 1349.62 80.53
03030002030020 Haw 44% 31% 989.72 44.58
03030002030030 Haw 25% 8% 562.34 11.50
03030002030040 Haw 42% 30% 944.73 43.14
03030002030050 Haw 64% 62% 1439.59 89.16
03030002030060 Haw 39% 19% 877.25 27.32
03030002030070 Haw 36% 18% 809.77 25.88
03030002030080 Haw 73% 64% 1642.04 92.04
03030002040010 Haw 30% 14% 674.81 20.13
03030002040020 Haw 28% 14% 629.82 20.13
03030002040030 Haw 71% 63% 1597.05 90.60
03030002040040 Haw 32% 15% 719.80 21.57
03030002040050 Haw 52% 50% 1169.67 71.90
03030002040060 Haw 54% 51% 1214.66 73.34
03030002040070 Haw 67% 60% 1507.07 86.28
03030002040080 Haw 53% 51% 1192.16 73.34
03030002040090 Haw 54% 51% 1214.66 73.34
03030002040100 Haw 75% 65% 1687.02 93.47
03030002040110 Haw 66% 60% 1484.58 86.28
03030002050010 Haw 74% 68% 1664.53 97.79
03030002050020 Haw 81% 74% 1821.98 106.42
03030002050030 Haw 42% 17% 944.73 24.45
03030002050040 Haw 80% 73% 1799.49 104.98

Jordan Water Supply Nutrient Strategy
Delivered Credit Yield Table for Jordan Sub Watersheds
Updated
12/20/2012

Page 2 of 2

Watershed ID Jordan
Subwatershed
Delivery Factors TN Credit TP Credit
TN TP (lbs/30yrs) (lbs/30yrs)
03030002050050 Haw 71% 67% 1597.05 96.35
03030002050060 Haw 79% 73% 1777.00 104.98
03030002050070 Haw 78% 72% 1754.50 103.54
03030002050080 Haw 80% 73% 1799.49 104.98
03030002050090 Haw 79% 73% 1777.00 104.98
03030002050100 Haw 81% 75% 1821.98 107.85
03030002060010 Haw 81% 74% 1821.98 106.42
03030002060020 Haw 95% 97% 2136.90 139.49
03030002060030 Haw 88% 91% 1979.44 130.86
03030002060040 Haw 97% 98% 2181.88 140.93
03030002060050 Haw 92% 95% 2069.41 136.61
03030002060062 Haw 98% 99% 2204.38 142.37
03030002060070 UNH 40% 19% 867.70 27.32
03030002060080 UNH 59% 45% 1279.86 64.71
03030002060100 UNH 69% 63% 1496.79 90.60
03030002060110 UNH 61% 58% 1323.25 83.41
03030002060120 UNH 69% 63% 1496.79 90.60
03030002060140 UNH 85% 89% 1843.87 127.99
03030002060130 UNH 69% 63% 1496.79 90.60
03030002060160 LNH 85% 90% 1932.07 131.76
03030002060090* UNH 92% 94% 1995.71 135.18
03030002060090* LNH 92% 94% 2091.18 137.62
03030002060060* UNH 94% 96% 2039.10 138.05
03030002060060* LNH 94% 96% 2136.64 140.54
03030002060150* UNH 88% 91% 1908.94 130.86
03030002060150* LNH 88% 91% 2000.26 133.22
*Watershed is located in both the Upper New Hope (UNH) and Lower New Hope (LNH) Subwatersheds.
*CreditsshownbelowareonlyformitigationcreditsapprovedbytheUMBI,BPDP,andAsͲBuilt.
Sale/
ReleaseDate
Purchaseror%Credit
Release Projectw/HUC#Gov't
Requiring
SquareFeet Acres SquareFeet Acres
Square
Feet Acres
Credits
Released/Availableto
Bank
CreditsDebited/Sold
FromBank BufferCreditBalance
(SponsorName&InstrumentName)
(ParcelNamew/HUC#)BufferZĞƐƚŽƌĂƚŝŽŶCreditLedger
DateLastUpdated:
DWR BankParcelProject#:
TotalCreditsReleasedToDate:
"55"$).&/5
$
*CreditsshownbelowareonlyformitigationcreditsapprovedbytheUMBI,BPDP,andAsͲBuilt.
Sale/
ReleaseDate
Purchaseror%Credit
Release Projectw/HUC#Gov't
Requiring
SquareFeet Acres SquareFeet Acres
Square
Feet Acres
Credits
Released/Availableto
Bank
CreditsDebited/Sold
FromBank BufferCreditBalance
(SponsorName&InstrumentName)
(ParcelNamew/HUC#)BufferWƌĞƐĞƌǀĂƚŝŽŶCreditLedger
DateLastUpdated:
DWR BankParcelProject#:
TotalCreditsReleasedToDate:
"55"$).&/5
$
*CreditsshownbelowareonlyformitigationcreditsapprovedbytheUMBI,BPDP,andAsͲBuilt.
Sale/
ReleaseDate
Purchaseror%Credit
Release Projectw/HUC#Gov't
Requiring
Poundsof Square
Nitrogen Feet Poundsof Square
Nitrogen Feet
Poundsof Square
Nitrogen Feet
CreditsReleased/Available
toBank
CreditsDebited/SoldFrom
Bank NutrientCreditBalance
(Sponsorname&Instrumentname)
(ParcelNamew/HUC#)NitrogenCreditLedger
DateLastUpdated:
DWR BankParcelProject#:
TotalCreditsReleasedToDate:
"55"$).&/5
$
*CreditsshownbelowareonlyformitigationcreditsapprovedbytheUMBI,BPDP,andAsͲBuilt.
Sale/
ReleaseDate
Purchaseror%Credit
Release Projectw/HUC#Gov't
Requiring
Poundsof Square
Nitrogen Feet
Poundsof Square
Nitrogen Feet
Poundsof Square
Nitrogen Feet
CreditsReleased/Available
toBank
CreditsDebited/SoldFrom
Bank NutrientCreditBalance
(Sponsorname&Instrumentname)
(ParcelNamew/HUC#)WŚŽƐƉŚŽƌƵƐCredit
LedgerDateLastUpdated:
DWRBankParcelProject#:
TotalCreditsReleasedToDate:
"55"$).&/5
$
Table 1. [INSERT PROJECT NAME], [INSERT PROJECT NUMBER], Project Credits
Project Area
N Credit Conversion Ratio (ft2/pound)
P Credit Conversion Ratio (ft2/pound)
Credit Type Location
Subject? (enter
NO if
ephemeral or
ditch 1)
Feature Type Mitigation Activity Min-Max Buffer
Width (ft)Feature Name Total Area (ft2)
Total (Creditable)
Area of Buffer
Mitigation (ft2)
Initial Credit
Ratio (x:1)% Full Credit Final Credit
Ratio (x:1)
Convertible to
Riparian
Buffer?
Riparian Buffer
Credits
Convertible to
Nutrient Offset?
Delivered
Nutrient
Offset: N (lbs)
Delivered
Nutrient
Offset: P (lbs)
———
———
———
———
———
———
———
———
———
———
———
———
———
———
———
———
———
———
———
Totals (ft2):0 0 0.000 0.000 0.000
Total Buffer (ft2):0 0
Total Nutrient Offset (ft2):0 N/A
Total Ephemeral Area (ft2) for Credit:0 0
Total Eligible Ephemeral Area (ft2):0 0.0%Ephemeral Reaches as % TABM
Enter Preservation Credits Below Total Eligible for Preservation (ft2):0 0.0%Preservation as % TABM
Credit Type Location Subject?Feature Type Mitigation Activity Min-Max Buffer
Width (ft)Feature Name Total Area (sf)
Total (Creditable)
Area for Buffer
Mitigation (ft2)
Initial Credit
Ratio (x:1)% Full Credit Final Credit
Ratio (x:1)
Riparian
Buffer Credits
Buffer —
—
—
—
—
Preservation Area Subtotals (ft2):0 0
Square Feet Credits
0 0.000
0 0.000
0 0.000
0 0.000
Square Feet Credits
Nitrogen:0.000
Phosphorus:0.000
Cape Fear - Jordan Haw 03030002050040
24.20689
414.93105
Restoration:
Enhancement:
Mitigation Totals
0
TOTAL AREA OF BUFFER MITIGATION (TABM)
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Nutrient Offset:
Preservation:
Total Riparian Buffer:
1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a).
last updated 08/03/2020