HomeMy WebLinkAboutSigned MBI_Bandit farmsDocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
TO: Richard E. Rogers, Jr
Director
NORTH CAROLINA
Environmental Quality
October 31, 2023
FROM: Katie Merritt Jh n"tt
Nutrient Offset & Buffer Banking Coordinator
THROUGH: Stephanie Goss
Supervisor — 401 & Buffer Permitting Branch
SUBJECT: Division Approval of the Bandit Farms Mitigation Banking Instrument in the
Upper New Hope Subwatershed for Nutrient Offset and Riparian Buffer Mitigation Credits
pursuant to the Jordan Lake Nutrient Management Strategy for RestorEcology Jordan, LLC
The attached final Mitigation Banking Instrument (MBI) between RestorEcology Jordan, LLC
and the Division of Water Resources was placed on public notice and made available for public
comments on October 11, 2023. The public comment period ended on October 25, 2023, and no
comments were received on the draft MBI.
DEQ Legal counsel assisted with and agrees with the final template for which all our MBI
documents are drafted. DWR staff (Katie Merritt) has reviewed the attached final MBI and it is
ready for your review. If you approve of the MBI, please sign on page 19 and return the
document to Katie Merritt for final execution.
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AGREEMENT TO ESTABLISH THE BANDIT FARMS MITIGATION BANKING INSTRUMENT IN THE UPPER
NEW HOPE SUBWATERSHED FOR NUTRIENT OFFSET AND RIPARIAN BUFFER MITIGATION CREDITS
PURSUANT TO THE JORDAN WATER SUPPLY NUTRIENT STRATEGY
Table of Contents
I.
PREAMBLE.................................................................................................................................................................................3
II.
LOCATION AND GEOGRAPHIC SERVICE AREA.................................................................................................................3
III.
AUTHORITIES............................................................................................................................................................................4
IV.
ESTABLISHMENT OF BANK PARCELS..................................................................................................................................4
V.
PRE -CONSTRUCTION DOCUMENTATION..........................................................................................................................6
VI.
POST -CONSTRUCTION DOCUMENTATION.......................................................................................................................8
VII.
CALCULATION OF CREDITS.................................................................................................................................................11
VIII.
CREDIT RELEASE SCHEDULE................................................................................................................................................14
IX.
PROCEDURE FOR DEBITING AND CREDITING................................................................................................................15
X.
BANK PARCEL CLOSURE.......................................................................................................................................................16
XI.
GENERAL PROVISIONS.........................................................................................................................................................17
Attachments
A — Division of Water Resources Authority Document
B — Jordan Credit Yields Table
C — Ledger Templates
D — Project Credit Table (Example)
References
1. Nutrient Offset Credit Trading Rule:
http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20envi ronmental%20gual ity/chapter%2002%20-
'920environmental%20manaeement/subchapter%20b/15a%20ncac%2002b%20.0703.pdf
2. Riparian Buffer Mitigation Rule:
http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20envi ronmental%20gual ity/chapter%2002%20-
%o20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0295.pdf
3. NC Session Law 2019-86 "Nutrient Offset Credits":
https://ncIeg.gov/EnactedLegisIation/SessionLaws/HTML/2019-2020/SL2019-86.htm1
4. Buffer Interpretation/Clarification #2008-019 for diffuse flow:
nttps://www.deg.nc.gov/water-quality/surface-water-protection/401/buffer-clarification-
memos/diffuse-flow-buffer-mitigation-sites-buffer-clarification/download
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5. Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Mitigation
Credits (November 2019):
https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2582459
6. NCDWR — Methodology and Calculations for Nutrient Reduction on the Bank Parcel:
https://files.nc.gov/ncdeg/Water%20Quality/Planning/N PU/Nutrient%2OOffset%2ORule/Ag-
Buffer-Credit.pdf
7. Jordan Water Supply Nutrient Strategy - Options for Offsetting Nutrient Loads Rule:
http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20envi ronmental%20gual ity/chapter%2002%20-
%20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0273.pdf
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I. PREAMBLE
This Mitigation Bank Instrument (Instrument) regarding the entitlement, construction, and
maintenance of the Bandit Farms Bank Parcel (Bank Parcel), further described in Section II, to
provide Upper New Hope Subwatershed of Jordan Lake Riparian Buffer mitigation credits (Riparian
Buffer Credits) and Jordan Water Supply Nutrient Strategy nutrient load reduction credits (Nutrient
Offset Credits) is made and entered into by and among RestorEcology Jordan, LLC acting as the Bank
Sponsor (Sponsor) and the North Carolina Department of Environmental Quality — Division of Water
Resources (DWR). This Instrument is prepared in accordance with 15A NCAC 02B .0703 and the
Consolidated Mitigation Rule 15A NCAC 0213.0295, which became effective on April 1, 2020 and
November 1, 2015, respectively (Reference #1 and #2). The purpose of the Bank Parcel is:
A. To restore, enhance, and preserve riparian vegetation along streams with the intent to improve
water quality, reduce nutrient loading, attenuate flooding, and expand habitat for wildlife along
Morgan Creek and its tributaries in the Upper New Hope Subwatershed of Jordan Lake.
B. To convert agricultural land uses within riparian areas adjacent to perennial, intermittent, and
ephemeral streams into a diverse hardwood forest, with the intent to reduce nutrient loadings
associated with agricultural practices into the streams and their receiving waters.
C. To provide Riparian Buffer Credits and Nutrient Offset Credits to third parties in specific areas
within the Upper New Hope Subwatershed of Jordan Lake 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 Parcel can reasonably
be expected to sell Riparian Buffer Credits and/or Nutrient Offset Credits for impacts from
development activities.
B. The GSA for this Bank Parcel is limited to the Upper New Hope Subwatershed of Jordan Lake.
The Upper New Hope Subwatershed of Jordan Lake is defined in 15A NCAC 02B .0262 as that
portion of the reservoir and its drainage area upstream of S.R. 1008 (Farrington Road).
C. Sale or transfer of Riparian Buffer Credits shall be limited to the Upper New Hope Subwatershed
of Jordan Lake, 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 Nutrient Offset Credits shall be limited to the Upper New Hope Subwatershed
of Jordan Lake, as defined in rule 15A NCAC 02B .0262, unless otherwise authorized by the DWR
in accordance with Session Law (S.L). 2019-86.
E. The following table provides details of the Bank Parcel proposed under this Instrument, which is
within the Upper New Hope Subwatershed of Jordan Lake.
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Table 1.0 — Bank Parcel Details
Bank
County
Watershed
DWR ID
Project
Named
Primary
Parcel
Location
Receiving
Land Use
Stream
Bandit
Orange
Upper New Hope
2016-
35°58'30.10"N
Morgan
Agriculture
Farms
Subwatershed of
0393v4
79° 8'45.89"W
Creek
Jordan Lake -
03030002060070
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 by 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. Buffer mitigation and nutrient reduction activities proposed under this Instrument and
corresponding Bank Parcel Development Package (BPDP) 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 BPDP
is submitted to DWR.
IV. ESTABLISHMENT OF BANK PARCELS
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 (Preservation, Enhancement, 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 Bank Parcel:
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Table 2.0 — Site Viability Letter Details
Bank Parcel
DWR On -Site
Viability Letter
Viability Letter
Evaluation
Received
Expiration Date
Bandit Farms
September 21, 2022
December 9, 2022;
December 9,
amended April 12,
2024
2023
B. A valid Site Viability Letter is required prior to submittal of each BPDP. The Site Viability Letter
will either expire on the date listed in the table above or upon submittal of an As -Built Report to
the DWR, whichever comes first. If a Site Viability Letter expires prior to submittal of a complete
BPDP 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 BPDP be submitted
to, and approved, by the DWR prior to use of the Bank Parcel for buffer mitigation and nutrient
offset purposes, or the sale or transfer of any associated credits. The contents of the BPDP are
provided in Section V.
D. BPDPs submitted under this instrument will be placed on public notice and made available for
public commenting for 15 calendar days.
In general, Riparian Buffer Credit may be achieved on this Bank Parcel through restoration of
DWR riparian buffers as they are defined in 15A NCAC 02B. 0267 and other riparian areas as
allowed per 15A NCAC 02B. 0295(n) and (o) where applicable. Riparian Buffer Credits are only
attainable if the width of the riparian areas are at least 20 feet from tops of banks along streams
and ephemeral channels and at least 30 feet from tops of banks along ditches when measuring
perpendicular and landward from features. 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 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.
F. The Bank Parcel is intended to provide Upper New Hope Subwatershed of Jordan Lake Riparian
Buffer Mitigation Credits as follows:
1. Planting hardwood trees and shrubs on a Restoration Site as defined in 15A NCAC 02B
.0295(b) adjacent to streams as allowed per 15A NCAC 02B .0295(n).
2. Plant hardwood trees and shrubs on a Restoration site as defined in 15A NCAC 02B
.0295(b) adjacent to ephemeral channels as allowed per 15A NCAC 02B .0295(o)(7).
3. Maintaining a Preservation Site, as defined in 15A NCAC 02B .0295(b) by placing a
conservation easement around riparian areas along streams as allowed per 15A NCAC 02B
.0295(o)(5).
4. Performing minor bank stabilization and grading where bank stability is compromised and
where erosional rills, sink holes and gullies are observed.
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5. Diffuse flow will be maintained onsite. The Buffer Interpretation/Clarification Memo
#2008-019 may be applied where maintenance of diffuse flow onsite is unattainable.
G. Nutrient Offset Credit on the Bank Parcel may be achieved through restoration of the riparian
areas adjacent to 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 50 feet as measured perpendicular and landward from tops of banks along streams.
On the Bank Parcel, the width of the riparian restoration area will begin at the top of bank or the
rooted herbaceous vegetation and extend landward a minimum of 50 feet and a maximum of
200 feet on all sides of viable features. A conservation easement will be secured to include at
least the stream centerline for one-sided mitigation and will extend out to a maximum of 200
feet. For two-sided mitigation, the conservation easement will include the stream channel and
extend out to a maximum of 200 feet from each bank. The viability of features to generate
nutrient offset credit is provided in the Site Viability Letter for the Bank Parcel and referenced in
Table 2.0 of this Instrument.
H. 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 non-agricultural land uses by
placing a perpetual conservation easement around riparian areas along streams and
ephemeral channels 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 streams and an ephemeral channel where agriculture has been
determined by the DWR to be the predominant land use.
I. The total area of riparian restoration activities on the Bandit Farms Bank Parcel is expected to be
approximately 17.5 acres.
V. PRE -CONSTRUCTION DOCUMENTATION
Bank Parcel Development Package
A. The Bandit Farms Bank Parcel Development Package (BPDP) 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 BPDP must describe any changes that have occurred to the site between
the date of the Site Viability Letter and the date the BPDP is submitted to DWR. The BPDP 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) a Project Credit Table (see Attachment D)
showing associated buffer/nutrient credit calculations, which shall include credit generation,
service area, and accounting as appropriate for each regulatory authority; 7) stream buffer
determination letter from DWR; 8) Site Viability Letter from DWR; 9) service area figure for each
mitigation type proposed under this Instrument, and 10) 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
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historical sites and an Environmental Data Resources (EDR) report to evaluate environmental
risk associated with the land proposed for the Bank Parcel.
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 stream channels, riparian buffers
and other riparian areas on the Bank Parcel to produce Riparian Buffer Credit and/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.
D. Requests for deviation from the approved BPDP must be submitted to DWR in writing. Written
approval from the DWR must be received prior to implementing any deviation from the
approved BPDP.
Property Disposition & Long -Term Management
E. Prior to release of any credits, the Sponsor shall record a permanent conservation easement for
the Bank Parcel at the Orange County Register of Deed's 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 BPDP.
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 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 Bank Parcel, without prior approval from DWR.
H. The Sponsor agrees to 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 submittal of the Year 4 Monitoring Report. 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 end of the Year 4 monitoring period. A land trust must be certified under 501(c)(3) of the
Internal Revenue Code.
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 BPDP.
Financial Assurances for Bank Development.
Following approval of the BPDP, 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
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sites according to the approved BPDP. It is the Sponsor's 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 riparian restoration and other related activities for the construction of the Bank Parcel as
described in the approved BPDP. No bond shall be less than $150,000 to cover construction
costs.
L. Alternatively, in lieu of posting a Performance/Maintenance Bond, the Sponsor may elect to
construct the Bank Parcel prior to the first credit release.
M. Once DWR has released all credits for completion of all items listed below, then the Bank
Sponsor will be released from its performance obligations under the Performance/Maintenance
Bond required in Item J and K of this section:
1. Instrument and BPDP Approved by DWR, Conservation Easement Recorded and Assigned
according to Item B (1) of Section X in this Instrument has been completed and approved
by DWR, Financial Assurance Posted;
2. All mitigation activities, including Riparian Earthwork, Planting and Installation of
Monitoring Devices completed; easement boundaries adequately marked; all applicable
permits obtained, and site visit performed by DWR;
3. As -Built Report as described in Section VI has been received by the DWR; and
4. DWR has submitted a written approval of the As -Built Report.
N. To comply with this section, DWR must be the Obligee on all Performance/Maintenance Bonds.
VI. POST -CONSTRUCTION DOCUMENTATION
As -Built Report
A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this
Instrument and corresponding BPDP, to establish, maintain, and monitor Jordan Lake Riparian
Buffers or other riparian areas until Items 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. 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 BPDP;
2. Figures representing all riparian restoration and riparian preservation activities where
applicable;
3. Figures representing location of all monitoring plots installed;
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4. Detailed planting plan — including the type of species planted, density of species planted,
and any modifications to the planting plan from what was approved in the BPDP.
5. Description of how the conservation easement boundaries were marked; and
6. Any major changes to the conservation easement boundary or to the amount of Riparian
Buffer Credits and/or Nutrient Offset Credits from what was proposed in the approved
BPDP.
C. The Sponsor will submit an as -built plan and report for the Bank Parcel (As -Built Report) after
completing the establishment of the buffer mitigation and nutrient offset areas. Each As -Built
Report will be submitted to DWR and will describe any deviation from the approved BPDP and
will document all the following:
1. Riparian restoration and/or preservation planting details and other construction activities
that were required in the BPDP, confirmation that all boundary markers are installed,
invasive species control, monitoring device locations, vegetation plot locations, and photo
point locations.
2. Boundary Survey of the conservation easement area, signed and sealed by a licensed
surveyor, including an inventory of the final areas for Riparian Buffer Credits and Nutrient
Offset Credits in both square feet and acres.
3. As -built map of the buffer mitigation and nutrient offset areas showing where riparian
activities were performed and any deviations to the Bank Parcel from what was approved
in the BPDP.
4. Aerial map of the Bank Parcel showing the proposed areas for Nutrient Offset Credits and
Riparian Buffer Credits that were included in the approved BPDP.
Financial Assurance for Bank Parcel Monitoring and Maintenance
D. After completion of the riparian activities and construction activities on the Bank Parcel, a
separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to
implement the monitoring and maintenance plan as described in the approved BPDP and As -
Built Report for the Bank Parcel. The Performance/Maintenance 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 the surety company is still rated no less than an "A-" with each annual
bond renewal.
E. Each 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. Upon DWR approval, the bond amount may be lowered each year based on the
adjusted cost to complete the monitoring. No bond shall be less than $100,000 to cover
monitoring and maintenance costs initially.
Once DWR has released 100% of all credits for completion of all Bank Parcel milestones
described in Table 5 of Section VIII or in the corresponding BPDP, the Bank Sponsor will be
released from its performance obligations under the bond required in D and E in this section.
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G. To comply with this section, DWR must be the Obligee on all Performance/Maintenance Bonds.
Monitoring and Maintenance Reports
H. The Sponsor shall monitor the Bank Parcel as described in the BPDP 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 for each Bank Parcel.
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 BPDP for approval. Native hardwood tree volunteer
species may be included to meet performance standards as determined by the DWR.
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 measures, such as ensuring diffused
flow, managing invasive species, and pest control will be included in the BPDP.
L. Monitoring Reports for Riparian Buffer Credit & 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 at the date of acceptance of each BPDP. The Sponsor shall submit to the DWR
an annual monitoring report for the Bank Parcel no later than December 31 of each year for a
minimum of five consecutive years after the first full growing season for the Bank Parcel under
this Instrument. 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 BPDP. Reports shall
contain the following:
1. A U.S. Geological Survey map showing the 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 figures showing locations of sampling plots, permanent photo
points, and location of transects, etc.; and
4. Monitoring data, including specific vegetation counts and heights 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
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6. Corresponding verification letters from designated local governments upon request; and
7. Corresponding Mitigation Transfer Certificates upon request; and
8. Proof of Performance/Maintenance Bond renewal to cover the next monitoring year
(when applicable).
Contingency Plans/Remedial Actions
M. In the event the Bank Parcel fails to achieve the performance criteria described in this
Instrument and in the approved BPDP, 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 5), including the most recent Project Credit Table Template (see Attachment D)
provided by DWR.
B. Riparian buffer restoration on the Bank Parcel, as described in 15A NCAC 02B. 0295(n) and (o)(7)
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
The square footage of Nutrient Offset Credits on the Bank Parcel will be determined by applying
the applicable ratios 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 (see Reference 5) including the most recent Project
Credit Table Template provided by DWR. All riparian areas proposed for Nutrient Offset Credits
must be a minimum of 50 feet from the top of the banks along viable features on land noted in a
Site Viability Letter as having agricultural use.
F. Nutrient Offset Credits cannot be achieved through the preservation activities performed on this
Bank Parcel.
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G. Nutrient Abatement of Restored Riparian Area/Buffers within agricultural land: The Sponsor and
DWR agree to the following:
1. 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 Upper New Hope Subwatershed of Jordan Lake, 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 Upper New Hope Subwatershed of Jordan Lake (See
Reference 5).
Table 3.0 Generated credit yields for forest buffer restoration in the Upper New Hope
Subwatershed of Jordan Lake
Watershed
Nitrogen
Phosphorus
Upper New Hope Subwatershed
of Jordan Lake
2,169.260 Ib/30yr/ac
143.810 Ib/30yr/ac
H. As required under the Jordan Trading Rule 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. DWR calculated the delivered Jordan Lake Total Nitrogen (TN) and Jordan Lake Total
Phosphorus (TP) credit yields per acre of buffer restoration in each Jordan Lake 14-digit HUC
Subwatershed (see Reference 5).
1. Delivered credits are calculated by applying the delivery factors in Table 4.0 below (See
Attachment B and Reference 5) and the acreage of riparian restoration to the generated
credit yields from Table 3.0 above. The delivery factor for the bank under this Instrument
for Total Nitrogen (TN) and Total Phosphorus (TP) is provided in Table 4.0 below using
Attachment B for reference. The amount of delivered credits for the Bank Parcel will be
detailed in the BPDP.
Table 4.0 — Delivery Factors & Credit Conversion Ratio
Delivery Factors & Credit Conversion Ratio'
Bank Parcel
TN
TP
Bandit Farms —14-Digit HUC
03030002060070
Delivery Factor: 40%
Ratio: 50.20146 ft2/1b
Delivery Factor: 19%
Ratio: 1,594.20874 ft2/1b
i Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by DWR in
November 2019
2. The Bank Sponsor shall report the pounds of TN and TP credit per acre of restored riparian
buffer in the BPDP for both credits generated at the site of the nutrient reduction activity
and the credits delivered to Jordan Lake.
I. The Sponsor and DWR agree that the methodology and calculations for determining nitrogen
and phosphorus reductions, associated with restoration of riparian areas on the Bank Parcel as
12
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
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 Bank Parcel development 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 the
Bank Parcel refer to the DWR - Methodology & Calculations for Nutrient Reductions document
found in Reference 6.
Remainder of this page intentionally left blank
13
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
Vill. CREDIT RELEASE SCHEDULE
A. In general, upon submittal of all appropriate documentation by the Sponsor, and subsequent
approval by DWR, it is agreed that Riparian Buffer Credits and Nutrient Offset Credits associated
with the Bandit Farms Bank Parcel will become available for sale to a third party in accordance
with a Credit Release in accordance with the Credit Release Schedule in Table 5.0 below:
Table 5.0 — Credit Release Schedule for Riparian Buffer Credits and Nutrient Offset Credits
Task
Project Milestone
% Credit
Available
for Sale
1
Instrument and BPDP Approved by DWR, Conservation Easement
25%
Recorded and Assigned according to Section X of this Instrument has
been completed and approved by DWR1, and Financial Assurance
Posted
2
All mitigation activities including Riparian Earthwork, Planting and
20%
Installation of Monitoring Devices Completed, easement boundaries
adequately marked, all applicable permits obtained, and site visit
performed by DWR
3
Monitoring Financial Assurance Posted and Approval of As -Built Report
10%
4
Monitoring Report #1: Approved by the DWRz & Financial Assurance
10%
Renewed
5
Monitoring Report #2: Approved by the DWRz & Financial Assurance
10%
Renewed
6
Monitoring Report #3: Approved by the DWRz & Financial Assurance
10%
Renewed
7
Monitoring Report #4: Approved by the DWRz & Financial Assurance
5%
Renewed
8
Monitoring Report #5: Approved by the DWRz and final site visit by
10%
DWR has been conducted
Total
100
'For specification, please see Section V of this Instrument.
2DWR approval provided upon a determination that the site is meeting performance standards
contained within the approved BPDP.
B. DWR may modify Credit Release Schedules based on the information submitted or the order in
which required information is received. DWR will notify Sponsor of any modification to the
Credit Release Schedule.
C. Any major deviations to the Bank Parcel that are not authorized in writing by DWR prior to
implementation may affect the amount of Riparian Buffer Credits and Nutrient Offset Credits
that will be generated by the Bank Parcel.
14
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-90900BD42D34
IX. PROCEDURE FOR DEBITING AND CREDITING
Credit Ledgers
A. The Sponsor shall maintain one credit ledger for each mitigation type for the Bank Parcel under
this Instrument unless otherwise instructed by DWR in the approved BPDP. Credit ledgers shall
provide the accounting for Riparian Buffer Credits 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 % in. x 11 in. spreadsheet with legible font
style and font size. All ledgers 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 the Bank Parcel will be used to provide mitigation for
authorized buffer impacts within the Upper New Hope Subwatershed of Jordan Lake, in
accordance with 15A NCAC 02B .0295(g).
D. Nutrient Offset Credits generated on the Bank Parcel will be used to offset nitrogen and
phosphorus nutrient loads within the Upper New Hope Subwatershed of 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 agricultural land and meet criteria for
Nutrient Offset Credits as outlined in Section VII of this Instrument, the Site Viability Letter and
the corresponding BPDP, can be converted from Riparian Buffer Credits into 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.
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 ft from top -of -bank of
stream 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 BPDP, 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. Any 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).
H. The Sponsor shall obtain written verification of buffer mitigation required from the delegated
local government in the Upper New Hope Subwatershed of Jordan Lake or from DWR prior to
debiting Riparian Buffer Credits from the Bank Parcel.
I. The Sponsor shall obtain written verification of nutrient offset need from a designated local
government in the Upper New Hope Subwatershed of Jordan Lake or from DWR through an
15
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
approved NPDES permit for wastewater nutrient sources prior to debiting Nutrient Offset
Credits from the Bank Parcel.
All credit and debit transactions for the Bank Parcel under this Instrument shall be accurately
depicted in the credit ledgers. The Sponsor shall submit accurate and up-to-date credit ledgers
for each Bank Parcel by the 10th of each month. At a minimum and only upon request, DWR
shall receive a hard copy of updated credit ledgers along with corresponding Mitigation Credit
Transfer Certificates and all corresponding letters from the designated 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
K. All credit sales will include a Mitigation Credit Transfer Certificate (Certificate) that is required to
be provided to the buyer of Riparian Buffer and/or Nutrient Offset Credits, that will include, at a
minimum, the following information;
1. Bank Details: (1) Sponsor Name, (2) Bank Parcel name as it appears in Table 1.0 and, (3)
DWR project number for the BPDP as it appears in Table 1.0.
2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, and (3- when
applicable) amount of nitrogen Nutrient Offset Credits purchased in pounds and
confirmation from the designated local government or DWR of the amount required, and
(4-when applicable) the amount of phosphorus credits purchased in pounds and the
confirmation from DWR or the local government of the amount required, and (5-when
applicable) the 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) Jordan Lake
subwatershed (Upper New Hope), (4) nutrient strategy applicable to the project with
impacts, (5 — when applicable) designated local government requiring Nutrient Offset
Credits, and/ or (6) DWR or delegated local government requiring Riparian Butter Credits
for this project and (7) credit type and amount required for the project.
L. If DWR determines the Bank is operating at a deficit (e.g. the Sponsor is selling and/or
transferring credit that is not available), or the Bank is selling or transferring credits out of
compliance with statutes, rules or this Instrument, the sale/transfer of credits will immediately
cease, and DWR, in consultation with the Sponsor, will determine what remedial actions are
necessary.
X. BANK PARCEL CLOSURE
A. Bank Parcel Closure for the Bank Parcel under this Instrument shall be identified as the event
when the Sponsor is relieved of all 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 following events have occurred;
16
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
1. Transfer or assignment of the conservation easement and all 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
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 an authorized
representative of the Director of DWR to enter the property containing the Bank Parcel.
B. Amendments: This Banking Instrument maybe amended or modified only with written approval
of all signatory parties.
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 the credits have been released in accordance with 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.
However, if an event occurs before 100% of all the credits have been released in accordance
with the credit release schedule in Section VIII, 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:
1. Site visits,
2. Issuance of Site Viability Letters,
3. BPDP 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 listen in Section VI of this Instrument,
17
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
6. Credit Ledger review and approval of items listen 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 this Instrument: This Instrument will become valid on the date of the last party's
signature.
H. Specific Language of this 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.
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 communication 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, received via email with a delivery receipt
requested, or deposited in the United States mail, registered or certified, 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: RestorEcology Jordan, LLC
PO Box 5842
Cary, NC 27512
Attn: Daniel Ramsay
dramsay@restorecology.com
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
18
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
L. This agreement shall be construed under the laws of the State of North Carolina.
RESTORECOLOGY JORDAN, LLC
By: Daniel B. Ram
say (Print)
Title: Owner
Date: 10/11/2023
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY— DIVISION OF WATER
RESOURCES
Richard E. Rogers, Jr.
By: (Print)
DocuSigned by:
f' r�)(Oknature)
Title: , 28,Division of water Resources
Date: 1013112023
19
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
Updated
Nutrient Offset Program & Buffer Mitigation Program 4/1/2020
MBI Authorities for RestorEcology Jordan, LLC effective 10/11/23
ATTACHMENT A
Authorities pertaining to the Bandit Farms Mitigation Banking Instrument
All Basins
General Statutes:
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. § 143-215.8B Basinwide Water Quality Management Plans
Session Laws
S.L. 2015-246
S.L. 2015-149
S.L. 2014-90
S.L. 2014-120
S.L.2013-413
S.L.2013-121
S.L.2013-265
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 .0701 Nutrient Strategies Definitions
15A NCAC 02B .0703 Nutrient Offset Credit Trading
15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers
Jordan Buffer and Jordan Water Sunnly Nutrient Strate
General Statutes and Session Laws:
G.S. § 143-214.5 Water Supply Watershed Protection)
S.L.2013-395
S.L. 2012-201
S.L. 2012-200 S. L. 2012-18 7
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: Protection of Existing 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
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
Jordan Water Supply Nutrient Strategy Updated
Delivered Credit Yield Table for Jordan Sub Watersheds 12/20/2012
Attachment B
Delivered credit yields for buffer acres in Jordan small watersheds.
Watershed ID
Jordan
Subwatershed
Delivery Factors
TN TP
TN Credit
(Ibs/30yrs)
TIP Credit
(Ibs/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
Page 1 of 2
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
Jordan Water Supply Nutrient Strategy Updated
Delivered Credit Yield Table for Jordan Sub Watersheds 12/20/2012
Jordan
Delivery Factors
TN Credit
TIP Credit
Watershed ID
Subwatershed
TN TP
(Ibs/30yrs)
(Ibs/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
30002060150*
E0330
UNH
88% 91%
1908.94
130.86
030002060150*
LNH
88% 91%
2000.26
133.22
*Watershed is located in both the Upper New Hope (UNH) and Lower New Hope (LNH) Subwatersheds.
Page 2of2
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
*Credits shown below are only for mitigation credits approved by the UMBI, BPDP, and As -Built.
RestorEcology Jordan, LLC - Bandit Farms Mitigation Banking Instrument
(Bandit Farms - Upper New Hope Arm of Jordan Lake, 03030002060070) Buffer Credit Ledger
Date Last Updated:
DWR Bank Parcel Project #: 2016-0393
Total Credits Released To Date:
Sale/
Release Date
Purchaser Name or%of
Credit Release
Project w/ 14 Digit HUC
Credits
Released/Available to
Bank
Credits Debited/Sold
From Bank
Buffer Credit Balance
Local Gov't
Square Feet
Acres
Square Feet
Acres
SquareAcres
Feet
Total Balances
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
*Credits shown below are only for mitigation credits approved by the UMBI, BPDP, and As -Built.
RestorEcology Jordan, LLC Bandit Farms Mitigation Banking Instrument
(Bandit Farms - Upper New Hope Arm of Jordan Lake, 03030002060070) Nitrogen Credit Ledger
Date Last Updated:
DWR Bank Parcel Project #: 2016-0393
As -Built Credit Total:
Delivery Factor: 40% N
Sale/Release
Date
Purchaser Name or % of
Credit Release
Project Name
14-digit HUC of
Project
Credits Released/Available to
Bank
Credits Debited/Sold From
Bank
Nutrient Credit Balance
Local Gov't
Requiring
Generated
Nitrogen (Ibs)
Delivered
Nitrogen (Ibs)
Generated
Nitrogen (Ibs)
Delivered
Nitrogen (Ibs)
Generated
Nitrogen (Ibs)
Delivered
Nitrogen (Ibs)
Total Balances
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
*Credits shown below are only for mitigation credits approved by the UMBI, BPDP, and As -Built.
RestorEcology Jordan, LLC - Bandit Farms Mitigation Banking Instrument
(Bandit Farms - Upper New Hope Arm of Jordan Lake, 03030002060070) Phosphorus Credit Ledger
Date Last Updated:
DWR Bank Parcel Project #: 2016-0393
As -Built Credit Total:
Delivery Factor: 19% P
Sale/Release
Date
Purchaser Name or % of
Credit Release
Project Name
14-digit HUC of
Project
Credits Released/Available to
Bank
Credits Debited/Sold From
Bank
Nutrient Credit Balance
Local Gov't
Requiring
Generated
Nitrogen (Ibs)
Delivered
Nitrogen (Ibs)
Generated
Nitrogen (Ibs)
Delivered
Nitrogen (Ibs)
Generated
Nitrogen (Ibs)
Delivered
Nitrogen (Ibs)
Total Balances
DocuSign Envelope ID: 3CE30341-5F6D-4FOC-8275-9090OBD42D34
Table 1. [INSERT PROJECT NAME], [INSERT PROJECT NUMBER], Project Credits
Cape Fear -Jordan Upper New Hope 03030002060070
Project Area
N Credit Conversion Ratio (ft2/pound)
P Credit Conversion Ratio (ft2/pound)
50.20146
1594.20874
Credit Type
Location
Subject? (enter
NO if
ephemeral or
ditch')
Feature Type
Mitigation Activity
Min -Max Buffer
Width (ft)
Feature Name
i
Total Area (ft)
Total(Creditable)
Area of Buffer
i
Mitigation (ft)
Initial Credit
Ratio (x:1)
% Full Credit
Final Credit
Ratio (x:l)
Convertible to
Riparian
Buffer?
Riparian Buffer
Credits
Convertible to
Nutrient Offset?
Delivered
Nutrient Offset:
N (Ibs)
Delivered
Nutrient
Offset: P (Ibs)
Totals (ft2):
Total Buffer (ft2):
Total Nutrient Offset (ft2):
0
0
0.000 0.000 0.000
0
0
0
N/A
Enter Preservation Credits Below
Total Ephemeral Area (ft) for Credit:
Total Eligible Ephemeral Area (ft):
Total Eligible for Preservation (ft):
Credit Type Location Subject? Feature Type Mitigation Activity Min -Max BufferWidth (ft) Feature Name
Preservation Area Subtotals
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
Credits
Restoration:
0
0.000
Enhancement:
0
0.000
Preservation:
0
0.000
Total Riparian Buffer:
0
0.000
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
I Square Feet
Credits
Nutrient Offset:
Nitrogen:
0
I0.000
0.000
Phosphorus:
1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a).
0
0
0
0.0%
0
0.0%
Total Area (sf)
Total (Creditable)
Area for Buffer
Mitigation (ft)
0
0
Ephemeral Reaches as %TABM
'reservation as %TABM
Initial Credit Final Credit Riparian
Ratio (x:l) %Full Credit Ratio (x:l) I Buffer Credits
last updated 07/06/2023