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HomeMy WebLinkAbout20170110 Ver 2_2017-0110v2_Weaver_Credit Release Request_MY6 (2023)__20240110Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina Ph: (919) 755-9490 January 10, 2024 Fx: (919) 755-9492 CREDIT RELEASE REQUEST FORM To: NCDEQ-DWR Nutrient Offset & Buffer Banking Coordinator From: Raymond Holz, raymond.holz@davey.com, (919) 604-9314 Through: RESTORATION SYSTEMS, LLC Restoration Systems (RS) formally requests a credit release for the Weaver Farm Bank Parcel (2017-0110 v2) for completion of the supplemental monitoring and replanted requested by DWR, and per the approved credit release schedule, which is included in the Attachments to this request. RS is requesting the release of all previously withheld credit, as summarized below. Credits Requested for Release Credit Type % Release Credit Amount (include Units) Notes/Comments Buffer Restoration Task 8 – 5% 13,394.70 RBMUs DWR withheld 50% of Task 8’s 10% release, DWR Credit Release Letter, 2023-07-20: requesting the final 50%. Buffer Preservation -- -- -- Buffer Enhancement -- -- -- Generated Nitrogen Nutrient Offset Task 8 – 5% 1,745.68 N. lbs. DWR withheld 50% of Task 8’s 10% release, DWR Credit Release Letter, 2023-07-20: requesting the final 50%. Delivered Nitrogen Nutrient Offset (Jordan sites only) -- -- -- Generated Phosphorus Nutrient Offset -- -- -- Delivered Phosphorus Nutrient Offset (Jordan sites only) -- -- -- Sincerely, Raymond Holz Attachments: 1) Approved As-built Credit Totals 2) Signed MBI Credit Release Schedule 3) Credit Release Summary 4) MY5 (2023) Credit Release Letter Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Page 5 As-Built & Baseline Monitoring Report – March 2018 3.5 Parcel Protection A Conservation Easement was placed over the Parcel on June 27th, 2017 and recorded at the Wayne County Register of Deeds in Goldsboro, NC. Book No. 3309, Page No. 279-290. Parcel boundaries have been delineated in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries are identified by cattle fence. Prior to Parcel closure, RS will install NC Wildlife Habitat Foundation conservation easement signage. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and reported to NC DWR. 4.0 Mitigation Potential The removal of livestock had immediate benefits to the Parcel’s drainage features, specifically Features 1- 3. Flushing flows established a new top of bank within these features (As-Built Photo 14, Appendix A). Planting of the new “benches” occurred during reforestation efforts and the revised top of bank was measured during as-built survey work. As-built credit calculation were based on the new top of bank. Additionally, the final easement boundary was slightly adjusted along the southern boundary of Feature’s 1 and 2’s origin; approximately 20’ of easement was added in the section above the proposed boundary detailed in the Bank Parcel Development Package (BPDP). These two factors have resulted in a slightly higher mitigation potential than original detailed in the BPDP. The DWR has determined the nitrogen nutrient abatement of restored riparian area to be 2,273.02 lbs. per acre. Riparian buffer credits will be measured by the hundredth of an acre and converted into square feet. Per the as-built survey (Appendix A), the conservation easement measures 22.81 acres, and includes 21.53 acres of restored riparian area. Of the restored riparian area, 15.37 acres will generate nutrient offset credit, generating 34,936.31 lbs. of nitrogen offset credit. 6.16 acres of restored riparian area will generate 268,329.6 sq. ft. of Neuse River riparian buffer credits. Riparian buffer mitigation generated via restoration, can be used for either Neuse River riparian buffer credits or nutrient offset credits, but not both. RS must request and receive approval from DWR to transfer any mitigation credits between riparian buffer and nutrient offset. All mitigation credit assets shall be shown on the credit ledgers. The Parcel’s mitigation potential is detailed in the following table. Table 4: Project Components and Mitigation Credits Buffer Zone Credit Type Mitigation Type Total Acreage Credit Ratio Credit per Acre Total Credits UT2 Zone A (TOB to 50') Riparian Buffer Restoration 3.16 1:1 43,560 sq. ft./acre 137,649.6 sq. ft. UT2 Zone B (51’ - 100') Riparian Buffer Restoration 2.99 1:1 43,560 sq. ft./acre 130,244.4 sq. ft. Total Riparian Buffer 6.15 267,894.0 sq. ft. UT2 Zone C (101’ - 200) Nitrogen Restoration 5.26 n/a 2,273.02 lbs./acre 11,956.08 lbs. Ditches (TOB - 200') Nitrogen Restoration 10.10 n/a 2,273.02 lbs./acre 22,957.50 lbs. Total Nitrogen 14.64 34,913.58 lbs. Weaver Farm ‐ Credit Release Summary  2017‐0110 v2 As‐Built Approved  "Restoration" RBMUs: 267,894.00 1. BPDP approved, etc.20.00% 53,578.80 20.00% 52,968.96 (609.84)7/12/2017 2. Post Construction 20.00% 53,578.80 20.00% 52,968.96 (609.84)2/2/2018 3. As‐built + bond 10.00% 26,789.40 10.00% 28,161.54 1,372.14 4/3/2018 4. Monitoring Y1 7.50% 20,092.05 0.00 1/30/2019      Monitoring Y1 2.50% 6,697.35 0.00 4/30/2019 5. Monitoring Y2 5.00% 13,394.70 0.00 5/22/2020      Monitoring Y2 5.00% 13,394.70 0.00 7/20/2023 6. Monitoring Y3 5.00% 13,394.70 0.00 3/8/2021      Monitoring Y3 5.00% 13,394.70 0.00 7/20/2023 7.a Transfer to Stewardship 5.00% 13,394.70 5.00% 13,242.24 (152.46)7/1/2017 7.b Monitoring Y4 5.00% 13,394.70 5.00% 13,394.70 0.00 6/20/2022 8. Monitoring Y5 5.00% 13,394.70 (13,394.70)7/20/2023      Monitoring Y5 5.00% 13,394.70 TBD Total Released to Date 100.00%100.00%254,499.30 (13,394.70) As‐Built Approved NOC (N.) lbs.: 34,913.58 1. BPDP approved, etc.20.00% 6,982.72 20.00% 6,678.13 (304.59)7/12/2017 2. Post Construction 20.00% 6,982.72 20.00% 6,678.13 (304.59)2/2/2018 3. As‐built + bond 10.00% 3,491.36 10.00% 4,176.68 685.32 4/3/2018 4. Monitoring Y1 10.00% 3,491.36 7.50% 2,618.52 (872.84)1/30/2019      Monitoring Y1 0.00% 0.00 2.50% 872.84 872.84 4/30/2019 5. Monitoring Y2 5.00% 1,745.68 0.00 5/22/2020      Monitoring Y2 5.00% 1,745.68 0.00 7/20/2023 6. Monitoring Y3 5.00% 1,745.68 0.00 3/8/2021      Monitoring Y3 5.00% 1,745.68 0.00 7/20/2023 7.a Transfer to Stewardship 5.00% 1,745.68 5.00% 1,669.53 (76.15)7/12/2017 7.b Monitoring Y4 5.00% 1,745.68 5.00% 1,745.68 0.00 6/20/2022 8. Monitoring Y5 5.00% 1,745.68 (1,745.68)7/20/2023      Monitoring Y5 5.00% 1,745.68 TBD Total Released to Date 100.00%95.00% 33,167.91 (1,745.68) Current Credit Release Request MY5 Credit Releases, 2023‐07‐20 3,491.36 3,491.36 10.00% 10.00% 10.00%3,491.36 Date Approved MBI Release  Percentage MBI Release  Percentage Lbs. / Task per MBI  %Difference RBMUs / Task per  MBI % % Released by  DWR Amount Released  by DWR (lbs.)Date Approved 10.00% 10.00% 26,789.40 26,789.40 10.00% 26,789.40 10.00% Task  Task DifferenceRelease %As‐Built Amount  (sq ft) 26,789.40 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 July 20, 2023 Barrett Jenkins DWR Project #: 2017-0110v2 Restoration Systems, LLC Wayne County (via electronic mail: bjenkins@restorationsystems.com ) Re: Weaver Farm Mitigation Banking Instrument (MBI) Weaver Farm Nutrient Offset & Buffer Mitigation Bank Credit Release– Task 5 (final), Task 6 (final), Task 9 (partial) Dear Mr. Jenkins: On December 29, 2022, the Division of Water Resources (DWR) received a Year 5 Monitoring Report from Restoration Systems, LLC (RS) for the Weaver Farm Mitigation Site (Site). On May 16, 2023, Katie Merritt with the DWR, visited the Site to compare vegetation data submitted in the report with onsite conditions and to evaluate the Site for closeout of the monitoring requirements for the riparian vegetation. Staff with RS were also present. Data provided in the report and onsite observations prove that the significant replanting and seeding efforts, soil amendments, and chemical treatments performed on the site as part of the Adaptive Management Plan are still benefiting the site. However, there are still concerns that a good portion of the site may not continue to trend towards meeting performance standards. Therefore, DWR documented the following action items needed by RS prior to approving the Site for full closeout of the monitoring requirements. A supporting figure labeled “Weaver Farm Map – Post Closeout Meeting Notes” is also attached to this correspondence: • Additional Monitoring is required for Plots 1-7. Anticipate site closeout in Spring 2024 if planted stems continue to show high survival and vigor. Stem heights and average vigor per plot will also need to be included in the Year 6 Monitoring Report. • Plot 18 has zero (0) stems and was representative of the area around it. Plot 18 and the area around this plot (see figure attached) will require a supplemental planting effort. Species chosen in this area need to be suitable for and tolerant with wet soils. DWR will support species that meet these site conditions, even if they were not on any approved species list for this Site. Two transects (of reasonable size and shape) will need to be included in the Year 6 monitoring report to prove stems were adequately planted. RS must submit site photos and supporting maps/figures documenting the full completion of the planting effort. All documentation needs to be included in the Year 6 monitoring report. A partial credit release of 5% (out of 10%) is being issued with the remaining 5% to be issued upon approval of the Year 6 monitoring report. DWR received a continuation certificate for performance bond (#22BSBHT4261) in the amount of $100,000 issued to RS from The Hartford Fire Insurance Company to cover monitoring and maintenance at the subject site. The term of this bond ended with DWR approval of the Year 4 monitoring report. DWR received a new performance bond DocuSign Envelope ID: 58081AA0-D885-49C0-9727-99F7DE17B1E8 Weaver Farm Site Restoration Systems, LLC July 20, 2023 Page 2 of 2 (K41730006) issued to RS from Federal Insurance Company, in the amount of $40,000. This bond replaces the previous performance bond (#22BSBHT4261) referenced above. The term of this bond ends with the approval of the Year 2 Monitoring Report by 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 July 7, 2017, the following Project Milestones have been met, and the corresponding credits shall be released: Task/Milestones Credit 5) Monitoring Report #2: Approved by the DWR & financial 5% assurance renewed (final) 6) Monitoring Report #3: Approved by the DWR & financial 5% assurance renewed (final) 9) Monitoring Report #5: Approved by the DWR & financial 5% assurance renewed (partial release) TOTAL: 15% By copy of this correspondence, DWR confirms that you have satisfied the above requirements for the above-referenced tract and 15% of your Neuse riparian buffer Restoration credits (0.15 x 267,894 ft2 = 40,184.10 ft2) and 15% of your Nitrogen nutrient offset credits (0.15 x 34,913.58 lb-N = 5,237.04 lb-N) are now available for sale. Please note that nutrient offset credits generated at this site must be used for impacts in HUC 03020201 of the Neuse River Basin excluding the Falls Lake Watershed pursuant to 15A NCAC 02B .0703. Additionally, the riparian buffer credits must be used for 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. Additionally, riparian buffer Preservation credits cannot be converted into nutrient offset credits. Please feel free to contact Katie Merritt at katie.merritt@deq.nc.gov if you have any questions regarding this correspondence. Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: Weaver Farm Map – Post closeout meeting notes cc:File Copy (Blake Hartshorn) Caitlyn Parker (Davey/RS) - via electronic mail DocuSign Envelope ID: 58081AA0-D885-49C0-9727-99F7DE17B1E8 Weaver Farm (Map) Post closeout meeting notes Legend Supplemental Planting - Wet species 800 ft N ➤➤ N Area Subject to Suppl. Planting (no monitoring) CVS Plot # 1-7, 22 Extended Monitoring Through Spring 2024 DocuSign Envelope ID: 58081AA0-D885-49C0-9727-99F7DE17B1E8