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HomeMy WebLinkAboutCredit Release Task 2partialDocuSign Envelope ID: E498C854-6CC5-4363-9085-C319A73924B2 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 7, 2023 Environmental Banc & Exchange, LLC DWR Project #: 2021-0348v3 Attn: Jamey Mceachran Wayne County (via electronic mail: jmceachrangres.us ) Re: RES Pickle Creek Phase II Nutrient Offset Banking Instrument (NOBI) Pickle Creek Phase II Bank Parcel Credit Release — Task 2 (partial) Dear Ms. Mceachran, On June 12, 2023, the Division of Water Resources (DWR) received documentation from Environmental Banc & Exchange, LLC (EBX) that the Pickle Creek Phase II site had been planted and constructed in its entirety and monitoring plots had been installed. On June 26, 2023, staff with DWR, with assistance from staff with EBX, inspected the site and confirmed that the subject site had been mostly adequately planted in most areas, monitoring plots were installed and the conservation easement boundary for the site was adequately marked. There were some areas discovered onsite that were void of planted stems and requires supplemental planting. Additional notes from the observations onsite are provided below: Prior to EBX planting the site, DWR provided verbal guidance to Jamey w/ EBX, that DWR would support leaving the area currently planted in Miscanthus void of planted stems and advised waiting until EBX considered the site conditions to be more favorable to plant the trees. Considering DWR provided RES with this guidance and supported this effort before initial planting efforts were implemented, DWR will issue a partial credit release for task 2 instead of holding the full credit release until Miscanthus has been planted. This would result in a 10% credit release instead of a 20% credit release for Task 2 with the remaining 10% issued upon fully implementing the riparian restoration efforts within the Miscanthus area and reported in the AsBuilt Report. 2. Considering how late EBX will be planting stems in the Miscanthus areas, DWR will require that the vegetation data collected for the Year 1 monitoring report for the Pickle Creek Phase II site be delayed and collected no earlier than Fall/Winter 2024. EBX is intending to plant the Miscanthus areas at a lower stem density per acre than what has already been planted on the rest of the site. EBX will need to collect transect data, in addition to monitoring plot data, to document stem density when this area has been planted. It is requested that the transects be taken along the riparian areas of D2 and J1. Documentation (photos, tables, figures, summary) will be required to be submitted to DWR showing that both the Phase 1 and Phase II portions of the site have been adequately planted where Miscanthus is currently present. All of this information needs to be submitted with the As -Built Report. 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: E498C854-6CC5-4363-9085-C319A73924B2 Pickle Phase II Site EBX September 7, 2023 4. DWR supports mowing within the Miscanthus portions of the site only on an as -needed basis and only until trees become established and exhibit healthy heights and vigor. 5. In addition to planting stems, EBX needs to commit to seeding the portions of the site where Miscanthus is present, unless a healthy herbaceous layer naturally colonizes these areas. If seeding is deemed unnecessary, EBX will need to provide photo documentation justifying that decision in with the As -Built Report. 6. The As -Built report cannot be submitted for Task 3 until the entire Phase II Bank Parcel (and inner DMS parcel) have been fully planted per the approved BPDP (and corresponding DMS Mitigation Plan). A site visit by DWR will be required as part of the As -Built Report review process. Lastly, DWR received a continuation certificate for performance bond (#9409216) issued to EBX from Fidelity and Deposit Company of Maryland, in the amount of $150,000, to cover performance obligations for the construction of the subject site. The term of this bond ends August 30, 2024. In accordance with the NOBI, signed on August 12, 2022, the following Project Milestones have been partially met and the corresponding credits shall be released: Task/Milestones Credit 2) All riparian site earthwork, planting and installation of monitoring devices 10% Completed for both the Pickle Creek Full Delivery site and the Bank Parcel, Easement boundaries adequately marked, & all applicable permits obtained. A site visit performed by DWR is required for this task By copy of this correspondence, DWR confirms that you have partially satisfied the above requirements for the above -referenced tract and the following credits are released: • 10% of the Nitrogen nutrient offset credits (0.10 x 23,172.844 lb-N = 2,317.284 lb-N) Please note that nutrient offset credits generated at this site must be used for impacts in HUC 03020201 of the Neuse River Basin excluding the Falls Lake Watershed pursuant to 15A NCAC 02B .0703, which became effective on April 1, 2020. Please feel free to call Katie Merritt, with DWR, at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, DocuSigned by: signed for: B20A9735647rz4�rq ... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Cc: DWR File Copy (Blake Hartshorn) Travis Cooke - EBX (via electronic mail: tcooke@res.us ) Page 2 of 2