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HomeMy WebLinkAbout20200047 Ver 2_MY3_Response_AMPSummary_CreditRequest_Reduced_20240102WATERSHED Investments December 28, 2023 Andrew Friedman -Herring NC DWR - 401 & Buffer Permitting 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Credit release request for Banished Bull Mitigation Bank Parcel (DWR #2020-0047v2) CREDIT RELEASE REQUEST FORM From: Michael Herrmann, Manager, Watershed Investments NC, LLC Email: mike(d),watershednc.net, Phone: 919-559-6264 We request a credit release for the subject mitigation bank for completion of the Monitory Year 3 Report/Task #6 per the approved credit release schedule, which is included in the Attachments with this request. In support of this request, the following documents are provided as attachments: A. Monitoring Year 3 Report approval email; B. Response memo to approval email and summary of completed adaptive activities C. Continuation Certificate for Project Bond D. Bank Mitigation Credit Calculation Table; E. Project as -built Credit Release Table. Credits requested for release are detailed below: Credit Type % Release Credit Notes/Comments Amount (include Units) Buffer Restoration 10 21,290.10 Buffer Preservation Buffer Enhancement Generated Nitrogen Nutrient 10 742.979 Offset Generated Phosphorus 10 47.854 Nutrient Offset Sincerely, Mike Herrmann Cc: Katie Merritt (Via email: katie.merritt@deq.nc.gov) 1630 Weatherford Circle, Raleigh NC 27604 1 Tel : 919-533-9195 1 www.watershedinvestmentsnc.net ATTACHMENT A. Monitoring Year 3 Report Approval Email From: Friedman -Herring, Andrew To: mherrmann Cc: Merritt, Katie Subject: Re: [External] RE: Proposed Adaptive Management Activities - Banished Bull Date: Tuesday, November 28, 2023 9:27:36 AM Hi Mike, DWR has reviewed the Year 3 Monitoring Report for the Banished Bull Mitigation Parcel and have the following comments: A requirement for an easement boundary check to be performed every year was included in the BPDP, but does not seem to be included in this monitoring report. Was an easement boundary check completed this year? If so, provide a summary in response to this comment and any photos of problem areas. Please make sure this section is included in all monitoring reports going forward as its own section. We approve of the Adaptive Management Plan proposed in this report. When completed, provide DWR with a summary memo on actions taken, with photos of the replanted areas with the newly planted stems flagged. Thank you for your attention to these comments. Please provide an adequate response to all items above along with supporting documents if required. DWR officially approves the year 3 monitoring report for Banished Bull. Please provide confirmation of bond renewal through next year's monitoring period. Once DWR receives your bond renewal, we can proceed issuing the credit release for this task. Due to consistent issues with this site and proposed replanting and other adaptive management, please renew the bond at the current amount, and expect a partial credit release until the adaptive management has been completed and memo received by DWR. Additionally, DWR would like to request a site visit sometime in the spring after planting and leaf out to see how the site is coming along. Thank you. Best, Andrew Friedman -Herring Environmental Specialist II Division of Water Resources - 401 & Buffer Permitting North Carolina Department of Environmental Quality (919)-707-3644 andrew.friedmanherring(@deq.nc.gov From: Merritt, Katie <katie.merritt@deq.nc.gov> Sent: Tuesday, November 28, 2023 9:15 AM To: Friedman -Herring, Andrew <andrew.friedmanherring@deq.nc.gov> Cc: mherrmann <mherrmann@watershedinvestmentsnc.net> Subject: FW: [External] RE: Proposed Adaptive Management Activities - Banished Bull ATTACHMENT B. Response Memo to MY3 Report RequestsApproval Email To: Andrew Friedman -Herring, NCDWR 401 & Buffer Permitting (andrew. friedmanherring@deq.nc.gov) From: Mike Herrmann, Watershed Investments (mike@watershednc.net) 799W CC: Katie Merritt, NCDWR 401 & Buffer Permitting (katie.merritt@deq.nc.gov) Re: Response to MY3 request for additional information via email (see Attachment A) and summary of completed adaptive management activities at Banished Bull Bank Parcel (DWR #2020-0047v2) In the Attachment A email dated 11/28/2023, Mr. Friedman -Herring requested additional information to support the release of project credits for the subject bank parcel. This memo provides these requested materials including boundary check, summary of completed planned adaptive management activities, and confirmation of bond renewal for the subject bank parcel. Boundary Check Summary Watershed Investments completed a boundary check of the site on 9/29/23. One area of encroachment was observed at the property's southeast perimeter as indicated in the Supplemental MY3 Figure 1. The source of the easement violation was a fallen tree from outside the project easement boundary that blocked the path adjacent to the easement. The blocked path resulted in encroachment of a small vehicle, likely to be an ATV, entering about 10 feet into the easement area for a distance of approximately 40 feet. The landowner and land leasee were informed that the encroachment violated easement terms where vehicles were not to be used within the conservation easement. Subsequently, the fallen tree was removed from the adjacent path, additional easement markings were installed, and one -gallon plants were planted in the impacted easement area (See Supplemental MY3 Figure 2). Completed Adaptive Management Activities Supplemental planting of 80 one -gallon plants were proposed and approved in the MY3 Adaptive Management Plan (AMP). Two areas of the project where trees were observed with low plant heights were targeted for planting along with repair planting at the previously describe encroachment area (See Supplemental MY3 Figure 2 for locations). Table 1 lists the plant species and numbers planted. Plants were installed at the sits on 12/4/23 at spacing of approximately 16ft x 16ft. Supplemental MY 3Table 1. Planted one -gallon tree species Species Common Name Planted Number Driodendron tulipifera Tulip Poplar 15 Diospyros virginiana Persimmon 20 Platanus occidentalis Sycamore 30 Betula nigra River Birch 15 Photos of the installed planting areas are included in Supplemental MY3 Figures 3 and 4 Confirmation of Bond Renewal A Continuation Certificate of the project's performance bond was provided for the amount of $80,000, the same amount as the previous year. A copy of the Certificate is provided in included as Attachement C. Supplemental MY3 Figure 1. Observed encroachment and Planting Areas. Easemeile N FL-egendion Eletlric FainerizN PlVegebtionranseptsement - to t14 t 1 •1 0 100 Z00 400 Feet _ Supplemental MY3 Figure 2. Encroachment area observed at the southeast portion of the site. Fallen tree debris onto an adjacent path led to a vehicle entering about 10 feet into the easement area for a distance of approximately 40 feet. Additional boundary signs were installed along the path and trees planted where the easement was disturbed. Supplemental MY3 Figure 4. Installed Plants Around Permanent Plot 5. 1 VIII. CREDIT RELEASE SCHEDULE A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the Riparian Buffer Credits and Nutrient Offset Credits associated with the Bank Parcel will become available for sale to a third party in accordance with the Credit Release Schedule in Table 2 below: Table 2 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits % Credit Available for Task Project Milestone Sale MBI and BPDP Approved by DWR, Conservation Easement 1 Recorded* and assigned to an approved land trust or stewardship, 25 and Financial Assurance Posted Site Earthwork, Planting and Installation of Monitoring Devices 2 Completed 20 Monitoring Financial Assurance Posted and Approval of As -Built 3 Report 10 Monitoring Report #1: Approved by the DWR** and financial 4 assurance renewed 10 Monitoring Report #2: Approved by the DWR** and financial 5 assurance renewed 10 Monitoring Report #3: Approved by the DWR** and financial 6 assurance renewed 10 Monitoring Report #4: Approved by the DWR** and financial 7 assurance renewed 5 Monitoring Report #5: Approved by the DWR * * and final site visit 8 by DWR has been conducted 10 Total 100% * For specification, please see Section V in this Instrument * * DWR Approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP B. DWR may modify the credit release schedule based on the information submitted or the order in which required information is received. DWR will notify the Sponsor of any modification to the credit release schedule. C. DWR may consider a Credit Release Schedule for a Bank Parcel based on the extent of change between current onsite conditions and proposed post construction conditions. 10 Table 1. Banished Bull, INC DWR ID# 2020-0047, Project Credits Neuse 03020201 - Upper Falls Lake Project Area N Credit Conversion Ratio (ft2/pound) P Credit Conversion Ratio (ft2/pound) 19.16394 297.54099 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 Mitigation (ft') Initial Credit Ratio (x:1) %Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (Ibs) Delivered Nutrient Offset: P (Ibs) Buffer Rural Yes I / P Restoration 0-100 Mainstem 188,931 188,931 1 100% 1.00000 Yes 188,931.000 Yes 9,858.655 634.974 Buffer Rural No Ephemeral Restoration 0-100 UT to Mainstem 23,970 23,970 1 100% 1.00000 Yes 23,970.000 Yes 1,250.787 80.560 Nutrient Offset Rural Yes I / P Restoration 101-200 Mainstem 133,498 133,498 1 33% 3.03030 No — Yes 6,966.106 448.671 Nutrient Offset Rural No Ephemeral Restoration 101-200 UT to Mainstem 8,886 8,886 1 33% 3.03030 No — Yes 463.686 29.865 Totals (ft2): Total Buffer (ft2): Total Nutrient Offset (ft2): 355,285 355,285 212,901.000 18,539.234 1,194.070 212,901 212,901 142,384 N/A Total Ephemeral Area (ft) for Credit Total Eligible Ephemeral Area (ft) Enter Preservation Credits Below Total Eligible for Preservation (ft) f Credit Type Location Subject? Feature Type Mitigation Activity Min -Max Bufer Width (ft) Feature Name Rural Yes hem, Rural Yes Ephem, TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 212,901 212,901.000 Enhancement: 0 0.000 Preservation: 0 0.000 Total Riparian Buffer: 212,901 212,901.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet I Credits Nutrient Offset: Nitrogen: 142 384 7,429.793 Phosphorus: 478.536 0-100 0-100 Preservation Area Subtotals (ft) 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). 23,970 23,970 53,225 11.3% 70,967 0.0% Total Area (sf) Total (Creditable) Area for Buffer Mitigation (ft') 0 0 0 0 0 0 Ephemeral Reaches as %TABM Preservation as %TABM Initial Credit I %Full Credit I Final Credit I Riparian Ratio (x:1) Ratio (x:1) Buffer Credits last updated 08/03/2020