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Home My WebLink About20190157 Ver 3_Credit Release Task 4 final ,5,7DocuSign Envelope ID: B47BB990-6EF0-4E82-A89C-9489684A1089 ROY COOPER Governor ELIZABETH S. BISERr,z.� a2 Secretary RICHAM E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality November 20, 2023 Shawn Wilkerson DWR Project #: 2019-01570 Wildlands Holdings V, LLC Orange County (via electronic mail: swilkersonna,wildlandsen_ c�om ) Re: Perry Hill II Mitigation Banking Instrument (MBI) Perry Hill II Bank Parcel Credit Release — Task 4 final), Task S, Task 7 Dear Mr. Wilkerson: On July 5, 2022, the Division of Water Resources (DWR) issued a partial (5%) credit release to Wildlands Holdings V, LLC (Wildlands) for Task 4 with the remaining 5% to be issued upon receipt of an updated conservation easement and corresponding Plat addressing the maintenance area for the water line. It is important to note, that DWR issued credits for the Task 4 credit release based on revised project credit totals in "Table 1.0" of the memo dated June 10, 2022, from John Hutton with Wildlands (see attached). DWR will continue to issue remaining credit releases based on this project credit table. On December 21, 2022, the Division of Water Resources (DWR) received the Year 2 Monitoring Report from Wildlands for the Perry Hill II site. DWR issued an approval of the Year 2 Monitoring Report on May 22, 2023, which was contingent on Wildlands providing DWR with a bond renewal, updated conservation easement and corresponding plat addressing the maintenance area for the water line that was installed within the conservation easement. DWR received all required items on August 29, 2023. On August 29, 2023, Wildlands submitted confirmation that the conservation easement for the Perry Hill II Mitigation Bank had been successfully assigned to Unique Places to Save. Unique Places to Save is a 501(c)(3) non-profit corporation and has been approved by DWR as a long-term steward for this mitigation bank. DWR received a continuation certificate and bond rider for the performance bond (#107501176) issued to Wildlands from Travelers Casualty and Surety Company of America, in the amount of $80,000, to cover monitoring and maintenance at the subject site. The term of this bond ends with the approval of the Year 3 Monitoring Report by the DWR. Future credit releases will be dependent on both the renewal of this performance bond and the annual monitoring reports. In accordance with the MBI, signed on September 14, 2020, the following Project Milestones have been met and the corresponding credits shall be released: Task/Milestones Credit 4) Monitoring Report #1 Approved by the DWR & financial 5% (final) assurance renewed D E Q ,fJ 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 CAROLINA (J1(�.'�O'�.(�OQO Department of Emlmnmenfal Duali� DocuSign Envelope ID: B47BB990-6EF0-4E82-A89C-9489684A1089 Perry Hill II Site Wildlands November 20, 2023 5) Monitoring Report #2 Approved by the DWR & financial 10% assurance renewed 7) Item (B) (1) of Section IX in the Instrument (assignment of Conservation 5% Easement) has been completed and approved by DWR TOTAL RELEASED 20% By copy of this correspondence, DWR confirms that you have satisfied the above requirements for the above -referenced tract and therefore the following credits are released: • 20% of the Neuse buffer Restoration credits (0.20 x 32,886 ft2 = 6,577.200 ft2) • 20% of the Neuse buffer Enhancement via Cattle Exclusion credits (0.20 x 11,550.621 ft2 = 2,310.124 ft2) • 20% of the Nitrogen nutrient offset credits (0.20 x 30,610.030 lb-N = 6,122.006 lb-N) • 20% of the Phosphorus nutrient offset credits (0.20 x 1,971.523 lb-P = 394.305 lb-P) Please note that nutrient offset credits generated at this site must be used for impacts in HUC 03020201 of the Upper and Lower Falls Watersheds within the Neuse River Basin pursuant to 15A NCAC 02B .0703 which became effective on April 1, 2020. Additionally, the riparian buffer credits must be used for authorized impacts in the Neuse River Basin according to 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.merrittkdeq.nc. og_v if you have any questions regarding this correspondence. Sincerely, DocuSigned by: 5�� GbSS 755ABFOCD806428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: Memo dated June 10, 2022 w/ Table 1.0 Project Credit Table (dated June 10, 2022) cc:File Copy (Katie Merritt) Camden Brunick (Wildlands) — via electronic mail Page 2 of 2 DocuSign Envelope ID: B47BB990-6EF0-4E82-A89C-9489684A1089 ko WILDLANDS ENGINEERING June 10, 2022 Ms. Katie Merritt Nutrient Offset & Buffer Banking Coordinator North Carolina Department of Environmental Quality 512 N. Salisbury Street, Raleigh, NC 27620 RE: Perry Hill II Mitigation Bank Parcel — Conservation Easement Encroachment DWR ID Number: 2019-01570 Neuse River Basin 03020201; Orange County, NC Dear Ms. Merritt: This letter supplements the Monitoring Year 1 Report for the above referenced project. As has been discussed, a conservation easement encroachment occurred in October 2021, which requires an addition of a maintenance area to the conservation easement and reduction of the credits. After the credit reduction, the project has the potential to provide 44,436.621 total riparian buffer credits, 30,610.030 Nitrogen credits, and 1,971.523 Phosphorus credits. Please refer to the attached Credit Generation Map and updated Credit Table (square footage in orange boxes has changed). The reduction in buffer credits is necessary due to a miscommunication about the placement of water lines through the conservation easement. During construction Wildlands ran conduit under the constructed stream channel within the internal easement crossings of the DMS Perry Hill Mitigation Site to allow the landowner to route future water lines without disturbing the stream. However, the installation of the culvert crossing and gravel road did not leave sufficient space inside the internal crossings of the DMS Mitigation Site or the external crossings of the Bank Parcel to allow for installation of the water lines from the edge of the stream to the boundary of both conservation easements. In October 2021, the tenant farmer installed the water lines without contacting Wildlands staff which resulted in ground disturbance and tree mortality impacts inside both conservation easements. The pipes were installed along the upstream boundary of both Perry Branch crossings, as close to the fill slope and rip rap as possible without digging them up. Nevertheless, this required machinery to operate within the conservation easement affecting approximately 0.1 acres inside the Bank Parcel. Wildlands has discussed the impact with USACE, SPO, DMS, and DWR staff in an effort to find the most reasonable and least disruptive solution. While not ideal, Wildlands proposes that a maintenance area of 20 feet be added along the external crossings, since there is not room to move the water lines into the planned crossings. This will allow for future maintenance if necessary and avoid any further easement encroachments. No credits will be claimed in the area covered by this additional 20 feet. It is Wildlands understanding that, in this situation, the conservation easement can stay as is but the area necessary for water line management will be labelled as a "maintenance area" and credits will be deducted. No modification to the conservation easement is required. The areas of ground disturbance were not replanted with trees, but Wildlands will continue to encourage herbaceous growth and will mark the area with signs. Wildlands Engineering, Inc. • phone 919-851-9986 9 312 W. Millbrook Rd., Suite 225 • Raleigh, NC 27609 DocuSign Envelope ID: B47BB990-6EF0-4E82-A89C-9489684A1089 Please c ntact me at 919.723.8203 if you have any questions. Please confirm that this letter represents your ur+ SZndipg of the situation. Sin John HVton, Prf jeat Principal DocuSign Envelope ID: B47BB990-6EF0-4E82-A89C-9489684A1089 �WILDLANDS ENGINEERING Bf Project Location Bank Parcel Conservation Easement ® DMS Conservation Easement Maintenance Area (0.09 Acres) Project Features - Perennial Project Stream Intermittent Project Stream Ephemeral Project Channel No Credit Project Channel �.. Mitigation Approach Buffer Restoration (0'-100') Buffer Restoration - Nutrient Offset (101'-200') Enhancement via Cattle Exclusion (0'-100') Enhancement via Cattle Exclusion (101'-200') - No Credit Non -Project Stream Fence `* Existing Utility Easement Existing Treeline Credit Generation Map 0 200 400 Feet Perry Hill II Mitigation Bank Parcel I I I I I Monitoring Year 2 Report Neuse River Basin (03020201) Orange County, NC o «Sign Envelope ID: k7Bm9oBES4E8 2-A89C- B+kAlmg ! ))/ 2!> >O ; O > 2727 /11 / N �/�/�� ®!; I OW 0 \)));;@G@@ § rrrr::::=_ u::: - - - - \ # v v F- - - - �!! \ >>>> > > > > §u\\ «)\f )\x» 72 - (!|!\!��$ � |