20230756 Ver 1_Mitigation Bank Information_20231019

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
July 18, 2023
DWR #20230756
Wake County
LIV Development
Attn: Andrew Murray
2204 Lakeshore Drive Suite 450
Birmingham, AL 35209
via email [e-mail])
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
The Livano Cary
Dear Mr. Murray:
You have our approval for the impacts listed below for the purpose described in your application dated
May 25, 2023, received by the N.C. Division of Water Resources (Division) on May 25, 2023, with
payment received June 1, 2023. These impacts are covered by the Neuse River Buffer Rules and the
conditions listed below. Please note that you should get any other federal, state, or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non-Discharge, and Water Supply Watershed regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B Neuse .0611(b)(2)]
Type of Impact Amount Approved (units)
Permanent
Amount Approved
units)
Temporary
Mitigation
Amount
Required
Buffers – Zone 1
B2 (Impact 1): Boardwalk
Construction
1,919 (square feet) 0 (square feet) 0 credits
B4 (Impact 1): Road Crossing 12,362 (square feet) 0 (square feet) 37,086 credits
Buffers – Zone 2
B1 (Impact 1): Greenway
Grading
233 (square feet) 0 (square feet) 0 credits
B2 (Impact 1): Boardwalk
Construction
1,049 (square feet) 0 (square feet) 0 credits
B3 (Impact 1): Greenway
Grading
1,851 (square feet) 0 (square feet) 0 credits
B4 (Impact 1): Road Crossing 6,798 (square feet) 0 (square feet) 10,197 credits
B5 (Impact 1): SCM 2 Outfall 272 (square feet) 0 (square feet) 0 credits
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
The Livano Cary
DWR# 20230756
Buffer Authorization Certificate
Page 2 of 3
This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Authorization Certificate. If you change your
project, you must notify the Division and you may be required to submit a new application package. If
the property is sold, the new owner must be given a copy of this Authorization Certificate and is
responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)]
If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0734]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances.
Additional Conditions:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Acceptance Form shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the
Permittee shall request a revised Compensatory Mitigation Responsibility Acceptance Form from
the Division prior to conducting any impacts.
Compensatory Mitigation
Required
River and Sub-basin Number
Neuse River
Riparian Buffer
47,283 square feet (credits) Neuse/03020201/Outside Falls
Lake Watershed
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms
may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
The Livano Cary
DWR# 20230756
Buffer Authorization Certificate
Page 3 of 3
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR #20230756 expires.
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0734. Please contact Samantha Wooten at [e-mail] or 919-
707-3631 if you have any questions or concerns.
Sincerely,
Stephanie Goss, Supervisor
401& Buffer Permitting Branch
Division of Water Resources, NCDEQ
cc: Rick Trone, WithersRavenel, Inc; via email ([e-mail])
DWR 401 & Buffer Permitting via Laserfiche
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
August 3, 2023
Permittee: LIV Development DWR Project #20230756
Project Name: The Livano Cary County: Wake
The Division has received an acceptance letter from RES (EBX-Neuse I, LLC or EBX) and/or Wildlands
Engineering, Inc., to satisfy the mitigation requirements set forth in the Buffer Authorization issued to
LIV Development, dated August 3, 2023, as provided in the table below.
Compensatory Mitigation River and 8-digit HUC Number
Neuse Buffer 47,283 square feet (credits) Neuse /03020201/Outside Falls
Lake Watershed
The Permittee must provide a copy of this form to RES (EBX-Neuse I, LLC or EBX) and/or and Wildlands
Engineering Inc., who will then sign the form to verify receipt of payment and the transfer of the
mitigation responsibility. Once RES (EBX-Neuse I, LLC or EBX) and/or Wildlands Engineering, Inc., have
signed this form, it is the Permittee’s responsibility to ensure that a signed copy of this form is submitted
to the Division before conducting any of the authorized impacts.
RES (EBX-Neuse I, LLC or EBX) and/or Wildlands Engineering Inc., verifies that the mitigation
requirements (credits) shown above will be debited using approved released or advance credits, and for
all stream or wetland credits is in accordance with the signed/approved In-Lieu Fee Instrument dated
July 28, 2010. By signing below, RES (EBX-Neuse I, LLC or EBX) and/or Wildlands Engineering Inc., is
accepting full responsibility for the identified mitigation.
Signature Authority Name (print): ________________________________________________________
Signature: ____________________________________________ Date: ________________________
9,771 sq.ft. of buffer credits will come from Wildlands Engineering Inc.
Robert W. Bugg
Aug 29, 2023
The Livano Cary_NBR_2023-07-24
Final Audit Report 2023-08-29
Created:2023-08-29
By:Camden Brunick ([e-mail])
Status:Signed
Transaction ID:CBJCHBCAABAAU3jXdQgGmUlJfkHwWKFwCxpyERgBerAr
The Livano Cary_NBR_2023-07-24" History
Document created by Camden Brunick ([e-mail])
2023-08-29 - 3:06:43 PM GMT
Document emailed to Robert Bugg ([e-mail]) for signature
2023-08-29 - 3:07:06 PM GMT
Email viewed by Robert Bugg ([e-mail])
2023-08-29 - 3:12:30 PM GMT
Document e-signed by Robert Bugg ([e-mail])
Signature Date: 2023-08-29 - 3:13:06 PM GMT - Time Source: server
Agreement completed.
2023-08-29 - 3:13:06 PM GMT
Baker, Caroline D
From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
From: Merritt, Katie
Merritt, Katie
Thursday, October 19, 2023 10:53 AM
Wooten, Samantha
FW: [External] Audit for CTC request - Cox Pond
CoxPond_buffer_WHIII_2023_08.pdf
Follow up
Completed
Sent: Monday, October 16, 2023 4:42 PM
To: Homewood, Sue <[e-mail]>
Subject: FW: [External] Audit for CTC request - Cox Pond
Not sure how they'll meet the buffer mitigation for this one... but there are two falls banks that look to be available.
From: Merritt, Katie
Sent: Monday, October 16, 2023 1:54 PM
To: Camden Brunick <[e-mail]>
Cc: Andrea Eckardt <[e-mail]>; Hartshorn, Blake <[e-mail]>
Subject: FW: [External] Audit for CTC request - Cox Pond
Good Afternoon Camden,
I have audited the BUFFER credit sales for the Cox Pond mitigation bank through 10/16/2023 based on the most
recent ledger submitted to DWR located here:
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2400039, which is required prior to approval
of the attached CTC request for the Division of Mitigation Services. The audit results are provided below and require
further action from Wildlands:
Buffer Preservation Ledger
All sales and ledger entries are compliant, thank you
The buffer credit balance is 213.227 credits
Buffer Restoration Ledger
No MCTC or Approval letter was provided for the The Livano Cary credit sale of 9,771 buffer credits sold on
8/29/23. Provide me with the documentation to audit this credit sale.
The Olive Branch Reserve credit sale is non -compliant
o The Olive Branch Reserve project (DWR# 2023-0044) is in the Upper Falls Watershed of the Neuse
03020201. Therefore, only a buffer mitigation bank located in the Falls Watershed of the Neuse
03020201 can provide credits to offset this project's permit requirement. The Cox Pond bank is not
located in the Falls Watershed.
Actions Required:
Add a line item to the buffer restoration ledger dated 10/16/23. Add the purchaser
Name. For Project Name, enter: Olive Branch Reserve - FULL REFUND for non -compliant
credit sale dated 4116123. Under the "CREDITS RELEASED/AVAILABLE" column, enter
42,025 ft2 and update the credit balances accordingly.
Create anew Mitigation Credit Transfer Certificate w/ "REFUND" under the heading, dated
10/16/23 to the permittee, documenting the FULL REFUND of buffer credits due to not
being the right location of the buffer impacts (see template attached for guidance on
wording). I have attached an example of a REFUND MCTC for you to use when drafting yours
it's for nutrient offset, so just use it as an example). Indicate, that the 42,025 buffer credits
need to be purchased by another Provider.
Once you have finalized the new MCTC notifying the refund, send it to the permittee, their
consultant (Debbie Shirley), the DWR contact (Sue Homewood/Stephanie Goss) and to me
along with the corrected Credit Ledger.
It should be noted that Bucher Mitigation Bank and Wolfe Mitigation Bank are both located in
the Falls Watershed and appear to have available buffer credits to meet this need. However,
I have not performed any audits of those two banks to confirm credit balances are accurate.
It is important to note that the CTC request attached to this correspondence requested an approval for 12,539.83
buffer credits. However, Wildlands has had an additional credit sale since their CTC request and the new balance of
the Cox Pond buffer credits is LESS than the proposed CTC. Once Wildlands complies with the audit and addresses
Actions Required" above, a new CTC will be required.
Thank you,
Katie
From: Camden Brunick <[e-mail]>
Sent: Tuesday, August 15, 2023 4:09 PM
To: Merritt, Katie <[e-mail]>
Cc: Hartshorn, Blake <[e-mail]>
Subject: [External] Audit for CTC request - Cox Pond
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Katie,
Please see the attached CTC as well as a copy of our Buffer ledger, sales, and 2023 Credit Releases for our Cox Pond
bank. I apologize, but due to the signatures, I cannot add and save the signed MRTF to a single PDF. Please sign and
return at your earliest convenience.
Thank you,
Camden Brunick I Mitigation Credit Sales
0:704.332.7754 x114 M: 919.219.6162
Wildlands Engineering, Inc.
1430 S. Mint St., Suite 104
Charlotte, NC 28203
SUBSCRIBE TO OUR NEWSLETTER! u
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
CREDIT TRANSFER CERTIFICATE
Wildlands Holdings III, LLC– Wildlands Neuse Umbrella Mitigation Banking Instrument – Cox Pond Bank
Parcel in Wayne County, Neuse River Basin 03020201 (outside of the Falls Basin) does hereby transfer to
the State of North Carolina Department of Environmental Quality - Division of Mitigation Services (DMS),
mitigation credits, the number and type of which are specified below. These credits have been released
pursuant to Seller’s Riparian Buffer and/or Nutrient Mitigation Banking Instrument with the North
Carolina Division of Water Resources (DWR) (DWR#-2020-1942v2), dated June 10, 2022.
This transfer of mitigation bank credits is in response to an invitation for bid (IFB# 16-669312069)
resulting in a purchase agreement between DMS and the Seller. The purchased credits shall be used to
satisfy compensatory mitigation requirements accepted by DMS for nutrient load reductions associated
with approved stormwater management plans and/or for buffer impacts associated with approved
authorizations issued by DWR or other approved delegated local government.
This certificate will be prepared by DMS and provided to the Seller for their signature. Once signed, the
Seller will forward the certificate to the DWR Nutrient Offset & Buffer Banking Coordinator (Banking
Coordinator) for approval. Upon approval, the Banking Coordinator will distribute signed copies of the
Credit Transfer Certificate to both the DMS and the Seller. Electronic versions (PDF) of this certificate are
preferred for ease of transfer and distribution.
By signing this form, the parties herein agree to the following:
DMS (Buyer) Responsibilities
Confirms that the use of the credits will comply with the terms and conditions of the original
Mitigation Banking Instrument.
Agrees that the use of all purchased credits will comply with the geographic service area limitations of
the umbrella mitigation banking instrument, 15A NCAC 02B .0703 regarding nutrient offset payments, as
well as 15A NCAC 02B .0295.
Update and track all purchased credits in their ledger, identifying the mitigation bank site where the
credit originated so that future permitted impacts associated with that credit can be traced back to the
original credit source.
For future sales of purchased credits, the DMS acceptance letter provided to the permit applicant
should name the source (mitigation bank sponsor and site name) of the credit when possible.
Once a credit purchased from a bank is associated with a specific nutrient offset and/or buffer
authorization, that credit shall continue to be associated with that nutrient offset and/or buffer
authorization and will not be reassigned to a different nutrient offset and/or buffer authorization.
For the use of all credits procured from mitigation banks, a copy of the signed Mitigation Responsibility
Transfer Form associated with those credits must be provided to the sponsor of the originating
mitigation bank, the delegated local government requiring the nutrient offset, and/or the DWR or other
approved delegated local government issuing the buffer authorization, and the Banking Coordinator.
Name of DMS Authorized Representative: Kristie Corson
Signature of DMS Authorized Representative Date of Signature
Mitigation Bank (Seller) Responsibilities
Confirms that the credits sold to DMS have been released in writing by the DWR.
Agrees that they will continue to operate the mitigation bank in accordance with the approved
Mitigation Banking Instrument.
Update and track all credits sold to DMS in their bank ledger.
Provide signed copies of the Credit Transfer Certificate and an updated bank ledger showing the
transaction to the Banking Coordinator for signature (address below).
Credits to be Transferred
Riparian Buffer (credits (ft2)) Nutrient Offset (credits (lbs.))
Neuse 03020201 (outside of the Falls
Basin)
12,539.830
Nitrogen Phosphorous
Name of Mitigation Bank: Wildlands Neuse Umbrella Mitigation Banking Instrument – Cox Pond Bank
Parcel
Bank Sponsor: Wildlands Holdings III, LLC
Name of Bank Sponsor’s Authorized Representative: Shawn D. Wilkerson
Signature of Bank Sponsor’s Authorized Representative Date of Signature
DWR Responsibilities
Sign Credit Transfer Certificate within 14 days of receipt, and provide copies of the signed certificate
back to DMS and the mitigation bank sponsor (a copy will be kept in the DWR file for both the mitigation
bank and DMS)
If applicable, include the name of the mitigation bank where the credits originated on any DWR
Mitigation Responsibility document (as specified on the NCEEP acceptance letter)
Division of Water Resources: Nutrient Offset & Buffer Banking Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
DWR Nutrient Offset & Buffer Banking Coordinator Signature Date of Signature
8/15/2023
8/15/2023
Baker, Caroline D
From: Merritt, Katie
Sent: Thursday, October 19, 2023 11:21 AM
To: Wooten, Samantha
Subject: FW: [External] Audit for CTC request - Cox Pond
Attachments: Olive Branch Reserve DWR# 20230044 - Buffer REFUND; The Livano Cary - MTC
8-29-23.pdf, The Livano Cary_NBR_2023-07-24 - signed.pdf
Follow Up Flag: Follow up
Flag Status: Completed
From: Camden Brunick <[e-mail]>
Sent: Wednesday, October 18, 2023 1:51 PM
To: Merritt, Katie <[e-mail]>
Cc: Hartshorn, Blake <[e-mail]>
Subject: RE: [External] Audit for CTC request - Cox Pond
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Katie,
Please see below responses regarding the actions required for this audit:
Buffer Restoration Ledger
No MCTC or Approval letter was provided for the The Livano Cary credit sale of 9,771 buffer credits sold on
8/29/23. Provide me with the documentation to audit this credit sale. Please see attached MTC and
Approval for this project.
The Olive Branch Reserve credit sale is non -compliant
o The Olive Branch Reserve project (DWR# 2023-0044) is in the Upper Falls Watershed of the Neuse
03020201. Therefore, only a buffer mitigation bank located in the Falls Watershed of the Neuse
03020201 can provide credits to offset this project's permit requirement. The Cox Pond bank is not
located in the Falls Watershed. Please see attached email notifying all parties regarding the Credit
Refund as well as updated ledger.
Actions Required:
Add a line item to the buffer restoration ledger dated 10/16/23. Add the purchaser
Name. For Project Name, enter: Olive Branch Reserve - FULL REFUND for non -compliant
credit sale dated 4116123. Under the "CREDITS RELEASED/AVAILABLE" column, enter
42,025 ft2 and update the credit balances accordingly.
Create a new Mitigation Credit Transfer Certificate w/ "REFUND" under the heading, dated
10/16/23 to the permittee, documenting the FULL REFUND of buffer credits due to not
being the right location of the buffer impacts (see template attached for guidance on
wording). I have attached an example of a REFUND MCTC for you to use when drafting yours
it's for nutrient offset, so just use it as an example). Indicate, that the 42,025 buffer credits
need to be purchased by another Provider.
Once you have finalized the new MCTC notifying the refund, send it to the permittee, their
consultant (Debbie Shirley), the DWR contact (Sue Homewood/Stephanie Goss) and to me
along with the corrected Credit Ledger.
It should be noted that Bucher Mitigation Bank and Wolfe Mitigation Bank are both located in
the Falls Watershed and appear to have available buffer credits to meet this need. However,
I have not performed any audits of those two banks to confirm credit balances are accurate.
Please let me know if the actions have been addressed and if a request for an updated CTC should be made.
Thank you,
Camden Brunick I Mitigation Credit Sales
0:704.332.7754 x114 M: 919.219.6162
Wildlands Engineering, Inc.
1430 S. Mint St., Suite 104
Charlotte, NC 28203
SUBSCRIBE TO OUR NEWSLETTER! u
From: Merritt, Katie <[e-mail]>
Sent: Monday, October 16, 2023 1:54 PM
To: Camden Brunick <[e-mail]>
Cc: Andrea Eckardt <[e-mail]>; Hartshorn, Blake <[e-mail]>
Subject: FW: [External] Audit for CTC request - Cox Pond
Good Afternoon Camden,
I have audited the BUFFER credit sales for the Cox Pond mitigation bank through 10/16/2023 based on the most
recent ledger submitted to DWR located here:
https:L/edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2400039, which is required prior to approval
of the attached CTC request for the Division of Mitigation Services. The audit results are provided below and require
further action from Wildlands:
Buffer Preservation Ledger
All sales and ledger entries are compliant, thank you
The buffer credit balance is 213.227 credits
Buffer Restoration Ledger
No MCTC or Approval letter was provided for the The Livano Cary credit sale of 9,771 buffer credits sold on
8/29/23. Provide me with the documentation to audit this credit sale.
The Olive Branch Reserve credit sale is non -compliant
o The Olive Branch Reserve project (DWR# 2023-0044) is in the Upper Falls Watershed of the Neuse
03020201. Therefore, only a buffer mitigation bank located in the Falls Watershed of the Neuse
03020201 can provide credits to offset this project's permit requirement. The Cox Pond bank is not
located in the Falls Watershed.
Actions Required:
Add a line item to the buffer restoration ledger dated 10/16/23. Add the purchaser
Name. For Project Name, enter: Olive Branch Reserve - FULL REFUND for non -compliant
credit sale dated 4116123. Under the "CREDITS RELEASED/AVAILABLE" column, enter
42,025 ft2 and update the credit balances accordingly.
Create a new Mitigation Credit Transfer Certificate w/ "REFUND" under the heading, dated
10/16/23 to the permittee, documenting the FULL REFUND of buffer credits due to not
being the right location of the buffer impacts (see template attached for guidance on
wording). I have attached an example of a REFUND MCTC for you to use when drafting yours
it's for nutrient offset, so just use it as an example). Indicate, that the 42,025 buffer credits
need to be purchased by another Provider.
Once you have finalized the new MCTC notifying the refund, send it to the permittee, their
consultant (Debbie Shirley), the DWR contact (Sue Homewood/Stephanie Goss) and to me
along with the corrected Credit Ledger.
It should be noted that Bucher Mitigation Bank and Wolfe Mitigation Bank are both located in
the Falls Watershed and appear to have available buffer credits to meet this need. However,
I have not performed any audits of those two banks to confirm credit balances are accurate.
It is important to note that the CTC request attached to this correspondence requested an approval for 12,539.83
buffer credits. However, Wildlands has had an additional credit sale since their CTC request and the new balance of
the Cox Pond buffer credits is LESS than the proposed CTC. Once Wildlands complies with the audit and addresses
Actions Required" above, a new CTC will be required.
Thank you,
Katie
From: Camden Brunick <[e-mail]>
Sent: Tuesday, August 15, 2023 4:09 PM
To: Merritt, Katie <[e-mail]>
Cc: Hartshorn, Blake <[e-mail]>
Subject: [External] Audit for CTC request - Cox Pond
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Katie,
Please see the attached CTC as well as a copy of our Buffer ledger, sales, and 2023 Credit Releases for our Cox Pond
bank. I apologize, but due to the signatures, I cannot add and save the signed MRTF to a single PDF. Please sign and
return at your earliest convenience.
Thank you,
Camden Brunick I Mitigation Credit Sales
0:704.332.7754 x114 M: 919.219.6162
Wildlands Engineering, Inc.
1430 S. Mint St., Suite 104
Charlotte, NC 28203
SUBSCRIBE TO OUR NEWSLETTER! u
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
Baker, Caroline D
From: Camden Brunick <[e-mail]>
Sent: Tuesday, October 17, 2023 9:06 AM
To: Deborah Shirley; Merritt, Katie
Cc: [e-mail]; Homewood, Sue; Goss, Stephanie; [e-mail]
Subject: Olive Branch Reserve DWR# 20230044 - Buffer REFUND
Attachments: Cox Pond - Buffer Restoration Credit Ledger 2023.pdf, Olive Branch Reserve -
REFUND Letter (buffer).pdf
Good Morning All,
Please see the attached Refund certificate for the Olive Branch Reserve project regarding the buffer credit purchase. I
have also attached a copy of our updated credit ledger.
Please let me know if you have any questions.
Thank you,
Camden Brunick I Mitigation Credit Sales
0:704.332.7754 x114 M: 919.219.6162
Wildlands Engineering, Inc.
1430 S. Mint St., Suite 104
Charlotte, NC 28203
SUBSCRIBE TO OUR NEWSLETTER!
1
Sale/
Release Date Purchaser or % Credit Release Project Name Gov't Requiring Notes
Square Feet Acres Square Feet Acres Square Feet Acres
6/30/2022 Task 1 & 7 Credit Release (25%)104,648.250 2.402 - 104,648.250 2.402 NCDWR
7/19/2022 Piedmont Natural Gas Company, Inc.PNG Line 142 Pipeline (DWR # 20210364) PARTIAL 104,648.250 2.402 - - NCDWR
Please note that these buffer
credits are being purchased
on our preservation ledger
3/16/2023 Task 2Credit Release (20%)83,718.600 1.922 83,718.60 1.922 NCDWR
4/18/2023 McREF SFR 1 Brier Creek LLC Olive Branch Reserve (DWR #20230044) 42,025.000 0.965 41,693.60 0.957 NCDWR
6/16/2023 Stanley Martin Companies, LLC Haddonstone (DWR# 20230573) PARTIAL 19,596.000 0.450 22,097.60 0.507 NCDWR
8/29/2023 LIV Development The Livano Cary (DWR #20230756) PARTIAL 9,771.00 0.224 12,326.60 0.283 NCDWR
10/16/2023 McREF SFR 1 Brier Creek LLC Olive Branch Reserve (DWR #20230044) - FULL REFUND
for non-compliant credit sale dated 4/16/2023 42,025.000 0.965 54,351.60 1.248 NCDWR
Totals 230,391.850 5.289 176,040.250 4.041 54,351.600 1.248
Credits Released/Available to
Bank
Credits Debited/Sold From
Bank Buffer Credit Balance
Wildlands Neuse Umbrella Mitigation Banking Instrument (UMBI):
Cox Pond Mitigation Bank Parcel
Neuse River Basin HUC 03020201 (outside ofthe Falls Basin)
Buffer Restoration Credit Ledger
Date Last Updated: 10-17-2023
DWR Project #: 2020-1942v2
Wildlands Holdings III, LLC · Wildlands Engineering, Inc · 1430 South Mint Street, Suite 104, Charlotte, NC 28203
Mitigation Credit Transfer Certificate
October 17, 2023
MCREF SFR 1 Brier Creek, LLC
Attn: William Morris
1001 Morehead Sq. Dr., Ste. 350
Charlotte, NC 28203
RE: Bank Name: Wildlands Neuse Umbrella Mitigation Banking Instrument (UMBI)
Bank Site: Cox Pond Mitigation Bank Parcel
Bank Sponsor: Wildlands Holdings III, LLC
DWR Project #: 2020-1942v2
Riparian Buffer Mitigation Credits REFUNDED: 42,025 sq. ft
Neuse 03020201 River Basin (outside of the Falls Basin)
Project Name: Olive Branch Reserve (DWR# 20230044)
Applicable Local Government/Municipality Jurisdiction: NCDWR
Dear Mr. Morris:
This Certificate is being issued to refund your riparian buffer credit payment and transfer for Olive
Branch Reserve (DWR# 20230044). This credit transfer was unauthorized due to the location of the Cox
Pond Mitigation Bank Parcel outside the Falls Lake Watershed. The Olive Branch Reserve project is
located within the Falls Lake Watershed.
This Bank is in the process of refunding full payment it received for 42,025 sq.ft, the project’s riparian
buffer amount, through a wire transaction that will be completed by the end of this week. MCREF SFR 1
Brier Creek, LLC must now meet the offset requirement for the above referenced project through
purchase of buffer credits from an authorized provider that NCDWR will review.
You must also comply with any other state, federal or local government permits or authorization
associated with this activity including SL 2009-337, and Act to Promote Compensatory Mitigation Banks.
This payment into the Bank is not transferable.
If you have any questions regarding the refund of these credits, please contact me at [phone]
x114 or [e-mail].
Wildlands Holdings III, LLC · Wildlands Engineering, Inc · 1430 South Mint Street, Suite 104, Charlotte, NC 28203
Sincerely,
Camden M. Brunick
Wildlands Engineering, Inc.
Mitigation Credit Sales
[e-mail]
O: [phone] ext. 114
M: [phone]
Cc: Ms. Katie Merritt, Nutrient Offset & Buffer Banking Coordinator | NC Division of Water Resources
Ms. Sue Homewood, Regulatory Agent | NC Division of Water Resources
Wildlands Holdings III, LLC · Wildlands Engineering, Inc · 1430 South Mint Street, Suite 104, Charlotte, NC 28203
Mitigation Credit Transfer Certificate
August 29, 2023
Piney Plains Residences, LLC
Attn: Andrew Murray
2204 Lake Shore Drive, Suite 450
Birmingham, AL 35209
RE: Bank Name: Wildlands Neuse Umbrella Mitigation Banking Instrument (UMBI)
Bank Site: Cox Pond Mitigation Bank Parcel
Bank Sponsor: Wildlands Holdings III, LLC
DWR Project #: 2020-1942v2
Riparian Buffer Mitigation Credits Purchased: 9,771 sq. ft
Neuse 03020201 River Basin (outside of the Falls Basin)
Project Name: The Livano Cary (DWR #20230756) PARTIAL
Applicable Local Government/Municipality Jurisdiction: NCDWR
Dear Mr. Murray:
You have elected to partially fulfill your permitted riparian buffer compensatory mitigation
requirements for the above-mentioned project by paying into the Cox Pond Mitigation Bank Parcel
sponsored by Wildlands Holdings III, LLC, wholly owned by Wildlands Engineering, Inc. (“The Bank”).
The applicant has received an authorization certificate for riparian buffer impacts and is required to
mitigate as part of the Consolidated Mitigation Rules 15A NCAC 02B .0295. Payment into a private
mitigation bank is acceptable per this rule. NCDWR specified and verified the amount of the riparian
buffer offset necessary for approval of the permit as 47,283 sq. ft. of Buffer Mitigation credits. Please
note that the remaining required buffer credits are to be purchased through another private
mitigation bank or DMS.
Wildlands Holdings III, LLC has receipt of a copy of the 401 Water Quality Certification Authorization
Certificate from the NC Department of Environmental Quality approving the Riparian Buffer mitigation
purchase from the Bank. The Bank has received full payment for mitigation for the above referenced
project.
You must also comply with any other state, federal or local government permits or authorization
associated with this activity including SL 2009-337, and Act to Promote Compensatory Mitigation Banks.
This payment into the Bank is not transferable.
If you have any questions regarding the purchase of these credits, please contact me at [phone]
x114 or [e-mail].
Wildlands Holdings III, LLC · Wildlands Engineering, Inc · 1430 South Mint Street, Suite 104, Charlotte, NC 28203
Sincerely,
Camden M. Brunick
Wildlands Engineering, Inc.
Mitigation Credit Sales
[e-mail]
O: [phone] ext. 114
M: [phone]
Cc: Ms. Katie Merritt, Nutrient Offset & Buffer Banking Coordinator | NC Division of Water Resources
Mr. Rick Trone, Project Manager | WithersRavenel