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