20090858 Ver 2_Carl Lloyd Final Release 8-2015_20150804

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
August 4, 2015
DWR Project # 09 -0858 v2
Orange County
Daniel Ingram
EBX -EM, LLC (RES)
303 Jefferson Street, Suite 110
Raleigh, NC 27605
Re: Cape Fear Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument
(UBI)
Carl Lloyd Bank Parcel Credit Release — Task 8 (Final)
Dear Mr. Ingram:
On June 4, 2015, the Division of Water Resources (DWR) received documentation from you that
all items referenced in the September 5, 2014 letter from Karen Higgins with DWR, had been
addressed on the subject site. On August 4, 2015, Katie Merritt with DWR and Brian Hockett
with Resource Environmental Solutions, LLC (RES), visited the site. During the site visit, Ms.
Merritt confirmed that the easement boundary had been adequately marked to clearly identify the
area that is protected. Ms. Merritt also confirmed that adequate supplemental planting had been
completed in Buffer Restoration Area 6. Lastly, it was noted that silt fencing had been re -set and
that sediment from the adjacent land use was not entering the restoration area. Sediment berms
were present within 20 feet of the buffer restoration area and have the potential to release large
amounts of sediment during heavy rain fall events. Therefore, Ms. Merritt noted to Mr. Hockett,
that RES needs to notify the North Carolina Wildlife Habitat Protection Program that the existing
silt fence will need to be inspected often after heavy rainfall events to ensure that sediment is not
entering the buffer restoration area.
By copy of this letter, the monitoring requirements at the subject site have been met and DWR is
releasing EBX -EM, LLC from its financial assurance obligations.
According to the UBI, the following Project Milestones have been met, and the corresponding
credits shall be released:
401 and Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

EBX -EM, LLC
August 4, 2015
Page 2 of 2
Milestones Credit
8) Approval of Year 5 Monitoring Data (remediation on 0.1 acre) 5%
By copy of this correspondence, DWR confirms that you have satisfied the above requirements
for the above - referenced tract. An additional 5% of your generated nitrogen nutrient offset
credits (0.05 x 227.3 =11.37 lb -N) and an additional 5% of your generated phosphorus credits
(0.05 x 14.64 = 0.73 lb -P) are now available for sale. 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
03030002060070 are 40% for nitrogen and 19% for phosphorous. Therefore, the total amounts
of delivered nutrient offset credits for this site are 9,855.73 lb -N and 301.53 lb -P. By copy of
this correspondence, 5% of your delivered nitrogen offset credits (0.4 x 11.37 = 4.551b -N) and
5% of your delivered phosphorus credits (0.19 x 0.73 = 0.141b -P) are now available for sale.
Please update your credit ledgers accordingly.
Please note that onlv the delivered nutrient offset credits can be sold from this bank and
used for impacts in the Upper New Hope Arm of Jordan Lake.
All credit sales' transactions must be provided to the DWR for review and approval until all
credits that have been released, have been sold. At the time all credits have been sold, DWR will
issue a "Bank Closure" letter.
Please feel free to contact Katie Merritt at (919) 807 -6371 if you have any questions regarding
this correspondence.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAHlkym
cc:
File Copy - Katie Merritt
Cara Conder - EBX -EM, LLC (via electronic mail)
Brian Hockett - EBX -EM, LLC (via electronic mail)