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Home My WebLink AboutEcoT_Kittrell Hill_DWRAuditReview 1328 Dekalb Avenue NE, Atlanta, GA 30307 | EcoTerra.com Mitigation Credit Transfer Certificate (Revised) Original Date: January 28, 2022 Revised Date: August 17, 2023 Amanda Johnson, PWS WSP USA, Inc 434 Fayetteville Street Suite 1500 Raleigh, NC 27601 RE: Bank Name: Kittrell Hill Nutrient Offset and Buffer Mitigation Bank Bank Sponsor: Eco Terra, LLC (f/k/a Eco Terra Partners, LLC) DWR Project Number: 2019-1261v2 River Basin: Neuse 03020204 Project name: Town of Zebulon - Intersection Improvements at SR2320 and Shepard School Road DWR Project Number: 20211334 CMRT Form Date: August 17, 2023 Approval Letter Date: December 9, 2021 Riparian Buffer Credits Purchased: 5,832 ft2 Dear Amanda Johnson: You have elected to fulfill your permitted Buffer Mitigation Unit requirements for the abovementioned project by paying into the Kittrell Hill Nutrient Offset and Buffer Mitigation Bank (“The Bank”) sponsored by Eco Terra, LLC (f/k/a Eco Terra Partners, LLC). The Bank has received full payment towards the Buffer Mitigation Unit offset requirements for the above-referenced project. The project is 1328 Dekalb Avenue NE, Atlanta, GA 30307 | EcoTerra.com located at 2400 Turtle Bay Drive, New Bern, which is required to implement stormwater management and/or buffer impact requirements as part of the Neuse River Nutrient Strategy. Payment into a private mitigation bank is acceptable per DWR. DWR specified and verified the amount of buffer mitigation necessary for approval. 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 refundable but not transferable. If you have any questions regarding the purchase of these credits, please contact me at 404.596.8004 or michael@ecoterra.com. Sincerely, Michael Beinenson Eco Terra, LLC 404.596.8004 1328 Dekalb Avenue NE, Atlanta, GA 30307 | EcoTerra.com Mitigation Credit Transfer Certificate January 28, 2022 Amanda Johnson, PWS WSP USA, Inc 434 Fayetteville Street Suite 1500 Raleigh, NC 27601 RE: Bank Name: Kittrell Hill Nutrient Offset and Buffer Mitigation Bank Bank Sponsor: Eco Terra Partners, LLC DWR Project Number: 2019-1261v2 Nutrient Offset Credits Purchased: 5,832 Buffer Mitigation Units (BMUs) River Basin: Neuse 03020203 Project name: Town of Zebulon - Intersection Improvements at SR2320 and Shepard School Road Dear Amanda Johnson: You have elected to fulfill your permitted Buffer Mitigation Unit requirements for the abovementioned project by paying into the Kittrell Hill Nutrient Offset and Buffer Mitigation Bank (“The Bank”) sponsored by Eco Terra Partners, LLC. The Bank has received full payment towards the Buffer Mitigation Unit offset requirements for the above-referenced project. The project is located in the jurisdiction of the Town of Zebulon for intersection improvements to SR 2320 and Shepard School Road, which is required to implement stormwater management and/or buffer impact requirements as part of the Neuse River Nutrient Strategy. Payment into a private 1328 Dekalb Avenue NE, Atlanta, GA 30307 | EcoTerra.com mitigation bank is acceptable per DWR. DWR specified and verified the amount of buffer mitigation necessary for approval. 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 refundable but not transferable. If you have any questions regarding the purchase of these credits, please contact me at 404.913.0020 or michael@ecoterra.com. Sincerely, Michael Beinenson Eco Terra Partners, LLC 404.596.8004 Cc: Ms. Katie Merritt, NC Division of Water Resources December 9, 2021 DWR # 20211334 Wake County Mr. Chris Ray, Public Works Director Town of Zebulon 450 East Horton Street, Zebulon, NC 27597 Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Town of Zebulon Project: SR 2320 Intersection at Shepard School Road, Wake County Dear Mr. Ray: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division), December 1, 2021. These impacts are covered by the Neuse 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.0611(b)(2)] Neuse Riparian Buffer Impacts * n/a = Site impact Allowable: No mitigation required Total Buffer Impact for Project: 12291 square feet. Site Zone 1 Impact (sq ft) Zone 1 Buffer Mitigation Required (using 3:1 ratio) Zone 2 Impact (sq ft) Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) 1- Crossing 494 N/A 291 N/A 1- Parallel 1594 4782 700 1050 2 1962 N/A 1229 N/A 3 2045 N/A 1293 N/A 4 613 N/A 982 N/A 5 572 N/A 516 N/A Totals 7280 4782 5011 1050 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 DWR Transportation Permitting Branch 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 Division of Water Resources any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B.0714]. 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. Compensatory mitigation for impacts to 1594 square feet of protected riparian buffers in Zone 1 and 700 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through purchase of Neuse Buffer Mitigation credits from the Kittrell Hill Buffer Mitigation Bank (HUC 03020203) by Eco Terra Partners, LLC for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 2B.0295 and 15A NCAC 2B.0714. The mitigation bank has indicated in a letter dated November 4, 2021 that they have available credits for satisfying the compensatory mitigation requirements for the above-referenced project. No impacts to Neuse Riparian Buffers may occur until NC Division of Water Resources receives a copy of payment receipt for credits purchased from the specified Buffer Mitigation Bank. 2. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. rules [15A NCAC 02B.0714] 3. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. [15A NCAC 02B.0714] 4. Pursuant to 15A NCAC 02B.0714, sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 5. Native riparian vegetation (i.e., trees and shrubs native to the geographic region) must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0714] & [15A NCAC 02B.0506(b)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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 (919) 431-3000. 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 This Authorization shall expire five (5) years from the date of this letter. This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0714. Please contact Rob Ridings at rob.ridings@ncdenr.gov or 919-707-8786 if you have any questions or concerns. Sincerely, S. Daniel Smith, Director     Division of Water Resources cc: Lyle Phillips, USACE Raleigh Regulatory Field Office Amanda Johnson, PWS, WSP USA Inc (Amanda.Johnson@wsp.com) Katie Merritt, Buffer Banking Coordinator, NCDWR File Copy 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 COMPENSATORY MITIGATION RESPONSIBILITY ACCEPTANCE FORM Permittee: Town of Zebulon DWR Project # 20211334 Project Name: SR 2320 Intersection at Shepard School Rd County: Wake The Division has received a Statement of Availability (SOA) from Eco Terra Partners, LLC for the Kittrell Hill Mitigation Bank to satisfy the mitigation requirements set forth in Neuse Buffer Authorization issued to the Town of Zebulon, dated December 9, 2021 as provided in the table below. Compensatory Mitigation River Basin & HUC Number Neuse Buffer 5832 square feet (credits) Neuse Basin HUC 03020203 The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the Mitigation Provider has signed this form, it is the Permittee’s responsibility to ensure that a signed copy of this form and the mitigation transfer certificate is submitted to the Division before conducting any of the authorized impacts. The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been released and are available at the identified bank site(s). By signing below, the Mitigation Provider is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print): ________________________________________________________ Signature: ____________________________________________ Date: ________________________ Michael Beinenson Signed on 08/17/2023 NO CMRT was signed after SOAwas issued on 11/04/2021with permit dating 12/09/2021and CTC issued on 01/28/2022