Credit Release Task 1,2,3,4

DocuSign Envelope ID: BE2B4C9D-AOB2-4720-841C-283195478E15
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 7, 2023
Barrett Jenkins DWR ID# 2020-1225v2
Restoration Systems, LLC Edgecombe County
1101 Haynes Street, Suite 211
Raleigh, NC 27605
(via electronic mail: bienkinsgrestorationsystems.com)
Re: Elm Grove Nutrient Offset Banking Instrument (NOBI)
Elm Grove Bank Parcel Credit Release — Tasks 1,2,3 & 4
Dear Mr. Jenkins:
On November 10, 2021, the Division of Water Resources (DWR) approved a Bank Parcel
Development Package (BPDP) for the above -referenced site under the terms and conditions of the
Restoration Systems, LLC (RS) Elm Grove Nutrient Offset Banking Instrument (NOBI) to establish
a nutrient offset bank. On June 7, 2022, DWR received a recorded conservation easement and
corresponding plat for the subject site.
Additionally, on June 7, 2022, DWR received documentation from RS that the Elm Grove site had
been planted and constructed in its entirety and monitoring plots had been installed. On July 7, 2022,
staff with DWR along with assistance from staff with RS, inspected the site and observed poor vigor
high mortality across most of the site. Additionally, it was observed that a portion of the
conservation easement had not been planted and was not marked correctly. Easement signs were
missing during the site visit and RS was instructed to adequately mark the easement boundary and
provide confirmation to DWR when completed. RS was also instructed by DWR to submit an
Adaptive Management Plan with the Year 1 Monitoring Report, committing to replant the entire area
and provide supporting documentation, including photos showing planted stems, to document the
planting effort.
On September 19, 2022, the Division of Water Resources (DWR) received an As -Built Report from
RS for the subject site. DWR provided comments to RS that were addressed in the revised As -Built
Report submitted by RS to DWR on May 8, 2023. The Adaptative Management Plan had been fully
implemented and properly documented in the revised As -Built Report. According to the As -Built
survey and corresponding project credits table submitted with the As -Built Report, there are slight
adjustments in the total amounts of Nutrient Offset credits as compared to the approved Bank Parcel
Development Package. The subject site has generated 911,836 ft2 (46,049.403 lbs-nitrogen and
2,965.938 lbs-phosphorus) of nutrient offset credits.
On December 26, 2022, the Division of Water Resources (DWR) received a Year 1 Monitoring
Report from RS for the site. DWR approved the report on July 13, 2023.
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 CARCLINA
919.707.9000

DocuSign Envelope ID: BE2B4C9D-AOB2-4720-841C-283195478E15
Elm Grove Site
Rcstoration Systems, LLC
August 7, 2023
DWR received a performance bond (107688089) issued to RS from Travelers Casualty and Surety
Company of America, in the amount of $100,000, to cover monitoring and maintenance at the
subject site. The term of this bond ended with the approval of the Year 1 Monitoring Report by
DWR. DWR received a new performance bond (K41730018) issued to RS from Federal Insurance
Company, in the amount of $100,000. This bond replaces the previous performance bond
(107688089) referenced above. The term of this bond ends with the approval of the Year 2
Monitoring Report by DWR. Future credit releases will be dependent on both the renewal of this
performance bond and the annual monitoring reports.
In accordance with the NOBI, signed on November 10, 2021, the following Project Milestones have
been met and the corresponding credits shall be released:
Task/Milestones Credit
1) Instrument and BPDP Approved by DWR, Conservation Easement Recorded 20%
& Financial Assurance Posted (not needed for this site)
2) All Riparian Earthwork, Planting and Installation of Monitoring Devices 20%
Completed, easement boundaries adequately marked, and applicable permits
Obtained. A site visit by DWR is required for this task
3) Monitoring Financial Assurance Posted and Approval of 10%
As -Built Report
4) Monitoring Report #1 approved by the DWR & financial assurance renewed 10%
TOTAL RELEASED: 60%
By copy of this correspondence, DWR confirms that you have satisfied the above requirements for
the above -referenced tract and the following credits are released to sell:
• 60% of the Nitrogen nutrient offset credits (0.60 x 46,049.403 lb-N = 27,629.642 lb-N)
• 60% of the Phosphorus nutrient offset credits (0.60 x 2,965.938 lb-P = 1,779.563 lb-P)
Please note that nutrient offset credits generated at this site must be used for impacts in HUC
03020103 of the Tar -Pamlico River Basin pursuant to 15A NCAC 02B .0703, which became
effective on April 1, 2020.
Please use the Credit Ledger Templates provided in the approved NOBI to track and report credit
availability for the Elm Grove Nutrient Offset Bank. Upon receiving this correspondence, please
submit two (2) credit ledgers to DWR reflecting the available credits released for each mitigation
type (Nitrogen Nutrient Offset, Phosphorus Nutrient Offset).
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DocuSign Envelope ID: BE2B4C9D-AOB2-4720-841C-283195478E15 Elm Grove Site
Rcstoration Systems, LLC
August 7, 2023
Please feel free to contact Katie Merritt at katie.merritt(c�r�,deq.nc.gov if you have any questions
regarding this correspondence.
cc:File Copy (Blake Hartshorn)
Caitlyn Parker (RS, via electronic mail)
Sincerely,
Es
DocuSigned by:
fc p�t' �;w
755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
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