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HomeMy WebLinkAbout20160255 Ver 2_Partial task 9 release_20240116DocuSign Envelope ID: E25A49A9-CC9F-4993-BD11-17El l2099351 ROY COOPER Governor ELIZABETH S. BISERr,z.� a2 Secretary RICHAM E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality January 16, 2024 John Hutton Wildlands Holdings IV, LLC 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 (via electronic mail: jhuttonkwildlandseng com ) DWR Project #: 2016-0225v2 Re: Cane Creek Umbrella Mitigation Banking Instrument (UMBI) South Fork Nutrient Offset & Buffer Mitigation Bank Credit Release— Task 9 (partial) Dear Mr. Hutton: Alamance County On September 18, 2023, the Division of Water Resources (DWR) received a Year 5 Monitoring Report from Wildlands Engineering, Inc. on behalf of Wildlands Holdings IV, LLC (Wildlands) for the South Fork site. On November 7, 2023, Andrew Friedman -Herring and 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 buffer mitigation and nutrient offset bank. While evaluating the site, DWR observed the need for sweet gum thinning as well as supplemental planting in areas void of stems where stem densities were not meeting performance criteria. As a result of the site visit evaluation, Ms. Merritt does not support closing out the Site at this time. A partial credit release of 5% is being issued with the remainder 5% to be issued upon confirmation that all supplemental planting and thinning efforts have been fully implemented as indicated in the attached site notes provided by Wildlands. In February of 2023, DWR received a continuation certificate and bond rider for the performance bond (#107063164) in the amount of $20,000 issued to Wildlands from Travelers Casualty and Surety Company of America, to cover monitoring and maintenance at the subject site. The term of this bond ends with DWR approval of the Year 5 Monitoring Report. Until DWR has approved the Year 5 Monitoring report, this bond shall remain active. In accordance with the UMBI, signed on March 6, 2018, the following Project Milestones have been partially met and the corresponding credits shall be released: Task/Milestones Credit 9) Monitoring Report #5: Approved by the DWR & final site visit by DWR 5% has been conducted (partial) 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: E25A49A9-CC9F-4993-BD11-17E112099351 South Fork Site Wildlands January 16, 2024 By copy of this correspondence, DWR confirms that you have partially satisfied the above requirements for the above -referenced tract. Therefore, 5% of your Jordan Lake riparian buffer Restoration and Enhancement credits (0.05 x 30,955 ft2=1,547.75 ft2) as well as 5% of your Jordan Lake riparian buffer Enhancement (via cattle exclusion) and Preservation credits (0.05 x 187,561 ft2 = 9,378.05 ft2) are being released and are now available to sell. Additionally, 5% of your generated nitrogen offset credits (0.05 x 11,066.85 = 553.34 lb-N) and 5% of your generated phosphorus credits (0.05 x 707.55 = 35.38 lb-P) are now released. Generated credits are credits that have not been applied to the appropriate delivery factor. The delivery factors applied to this bank due to its location in the 14-digit HUC 03030002050050 are 71 % for nitrogen and 67% for phosphorous. Therefore, the total amounts of delivered nutrient offset credits for this site are 7,857.46 lb-N and 474.06 lb-P. By copy of this correspondence, 5% of your delivered nitrogen offset credits (0.05 x 7,857.46 lb-N = 392.87 lb-N) and 5% of our delivered phosphorus credits (0.05 x 474.06 = 23.70 lb-P) are being released and are now available to sell. Please note that of the nutrient offsets, only the delivered nutrient offset credits can be sold from this bank and used for impacts in the Haw River Arm of Jordan Lake within the Cape Fear River Basin in accordance with 15A NCAC 02B .0703, which became effective on April 1, 2020. Additionally, riparian buffer credits can only be used to offset impacts located in the Haw River Sub Watershed of Jordan Lake according to 15A NCAC 02B .0295, which became effective on November 1, 2015. Upon receipt of this correspondence, update all credit ledgers accordingly. Please feel free to call Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, EsDocuS,igwned ,by: �A fl�(' CIfJSS 755ABFOCD8OB428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: Meeting Notes (November 7, 2023) cc:File Copy (Blake Hartshorn) Camden Brunick — Wildlands (via electronic mail) Page 2 of 2 DocuSign Envelope ID: E25A49A9-CC9F-4993-BD1 1-1 7E1 12099351 kt� WILDLANDS ENGINEERING MEETING NOTES MEETING: DWR Monitoring Year 5 On -Site Closeout Visit South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Cape Fear River Basin (Haw River Sub -Watershed of the Jordan Lake Watershed) DWR# 2016-0225v2 DATE: November 7, 2023 LOCATION: Johnny Lindley Road Siler City, NC Attendees Katie Merritt, DWR Andrew Friedman -Herring, DWR Meeting Notes Katilyn Hogarth, Wildlands Andrew Radecki, Wildlands Representatives of Wildlands Engineering, Inc (Wildlands) met with representatives of the North Carolina Department of Environmental Quality Division of Water Resources (DWR) to perform a Monitoring Year 5 on - site closeout visit. During the visit DWR determined the suitability of the project for completion of Task 9, which is outlined within the DWR approved Cane Creek Umbrella Mitigation Banking Instrument. The following notes provide a summary of on -site discussions. • Wildlands is to plant approximately 30-50 containerized stems spread out between portions of SF4A and UT1. These are within Riparian Restoration for Buffer Credit areas which did not have high enough stem density to meet the final criterion of 260 stems per acre (Figure 1). o Within the planting area along SF4a, Wildlands will perform ring sprays to control competing Fescue (Festuca sp.) within the easement. o Prior to planting within the area at the top of UT1, Wildlands will brush cut blackberry shrubs (Rubus sp.). o Persimmon (Diospyros virginiana) is proposed as an alternative species to be included in the planting. Other species planted will be those which were included in the DWR approved Bank Parcel Development Package. • Sweetgum (Liquidambar styraciflua) was denser than desirable along a portion of UT2 near vegetation plot 4. No corrective action was required by DWR; however, Wildlands will thin Sweetgum stems within this area. W Wildlands Engineering, Inc. page 1 South Fork Nutrient Offset and Buffer Mitigation Bank Parcel November 7, 2023 DWR Monitoring Year 5 On -Site Closeout Visit DocuSign Envelope ID: E25A49A9-CC9F-4993-BD1 1-1 7E1 12099351 • The supplemental planting which took place in February 2023 along UT2 and a small portion of UT1 was sufficient in boosting stem density and diversity. Supplemental stems showed high rates of survival. • A gate located at the top of UT1 which had been found closed during previous boundary inspections by Wildlands staff was found open during the visit. The gate is located outside the easement; however, the easement can be accessed through this gate from an adjacent field. Cattle were not in the field at the time of the visit, and therefore did not access the easement through the open gate. Furthermore, there was no evidence cattle had accessed the easement prior to the site visit. The gate was closed. Next steps • Wildlands notifies DWR upon completion of supplemental planting and associated brush cutting and ring sprays. W Wildlands Engineering, Inc. page 2 South Fork Nutrient Offset and Buffer Mitigation Bank Parcel November 7, 2023 DWR Monitoring Year 5 On -Site Closeout Visit DocuSign Envelope ID: E25A49A9-CC9F-4993-BD1 1-1 7E1 12099351 t a �2= 4f !V f .I I •.. �r�* Conservation Easement (18.13 ac) - Project Streams and Vernal Pools (2.42 ac) Internal Crossing South Fork Credit Zones Restoration 0-100' (4.92 ac) = Restoration 0<50' (0.48 ac) Enhancement 0-100' (0.47 ac) Cattle Exclusion 0-100' (8.52 ac) Preservation 0-100' (0.44 ac ) No Credit ( 0.88 ac) Supplemental Planting ❑ Vegetation Plot K — Project Fencing V Figure 1. Closeout Visit Map W I L D L A N D S South Fork Nutrient Offset and Buffer Mitigation Bank Parcel E N G I N E E R I N G Monitoring Year 5 Cape Fear River Basin 03030002 Q 250 500 Feet A