20181097 Ver2_Credit Release Task 2 partial

DocuSign Envelope ID: BFC079AD-35CD-4918-Al2E-3E19904ECA5F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
October 24, 2023
Jamey McEachran DWR Project #: 2018-1097v2
Environmental Banc & Exchange, LLC Catawba County
(via electronic mail: jmceachrangres.us )
Re: RES Dogtown Buffer Mitigation Banking Instrument (MBI)
Dogtown Bank Parcel Credit Release — Task 2 partial and excluding pond footprints
Dear Ms. McEachran:
On March 24, 2023, the Division of Water Resources (DWR) received documentation from
Environmental Banc & Exchange, LLC (EBX) that the subject site had been constructed in its
entirety and monitoring plots had been installed. On April 26, 2023, Blake Hartshorn and Ryan
Hamilton with DWR, with assistance from staff with EBX, inspected the site and confirmed that
most of the subject site had been completely planted, all monitoring plots were installed, and all
stream mitigation activities appeared to be completed. All riparian areas, including the stream banks,
were seeded and stabilized. Any required fencing was installed and the conservation easement was
adequately marked. Additional observations are provided below:
• Areas lacking in sufficient stem density were observed in many areas and need to be planted
• Easement boundaries were not adequately marked in some areas
• Unmanaged vegetation (vines, blackberry, fennel, fallen trees) was present in some areas.
Where dense, the areas were void of planted stems or were lacking in sufficient stem density
compared to the rest of the site
In response to the observations made by DWR, EBX submitted an Adaptive Management Plan
(AMP) to DWR on August 25, 2023. By copy of this letter, the AMP is approved. A partial credit
release of 15% is being issued. When the AMP has been fully implemented and EBX has confirmed
in writing that all remedial actions are complete and has provided photo documentation of the
completion of all work, the remaining 5% for completion of task 2 will be issued.
Lastly, DWR received a continuation certificate for performance bond (#9358321) 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. This bond expires on December 16, 2023 and
shall remain in effect until DWR has provided a written approval of the As -Built Report.
In accordance with the MBI, signed on September 30, 2020, the following Project Milestones have
been partially met and the corresponding credits shall be released:
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: BFC079AD-35CD-4918-Al2E-3E19904ECA5F Dogtown Site
EBX
October 24, 2023
'Credits
Task/Milestones Released
2) Mitigation Site Earthwork, Planting and Installation of Monitoring 15%
Devices Completed and all Applicable Permits Obtained
'Credit release percentages exclude the areas within the pond footprints
By copy of this correspondence, DVWR confirms that you have partially satisfied the above
requirements for the above -referenced tract and therefore, the following credits are being released
and are now available to sell:
• 15% of Catawba Buffer Restoration and Buffer Preservation Credits
(0.15 x 566,883.733 ft2 = 85,032.56 ft2 )
Please note that these riparian buffer credits can be provided to offset permitted impacts along
the Catawba River mainstem below Lake James and along mainstem lakes from and including
Lake James to the North Carolina and South Carolina border in the Catawba River Basin
03050101 HUC in accordance with guidelines in the Consolidated Buffer Mitigation Rule, 15A
NCAC 02B .0295, which became effective on November 1, 2015.
Please feel free to contact Katie Merritt at katie.merritt(c-r�,deq.nc. og_v if you have any questions
regarding this correspondence.
cc:File Copy (Blake Hartshorn)
Travis Cooke (EBX) — via electronic mail
Sincerely,
Es
Docu/ISigned by:
ft pu,al f_ �bSS
755ABFOCD80B428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
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