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HomeMy WebLinkAbout20230163 Ver 2_Brooks Swamp 2023-0163v2, Credit Release Request No. 1, 040224_20240402 April 2, 2024 CREDIT RELEASE REQUEST FORM To: NCDEQ-DWR Nutrient Offset & Buffer Banking Coordinator From: Daniel Ramsay, dramsay@restorecology.com, 919-817-7378 Through: RestorEcology Neuse, LLC We formally request a credit release for the Brooks Swamp Buffer Mitigation and Nutrient Offset Mitigation Bank (DWR ID# 2023-0163V2) for completion of Task #1 per the approved credit release schedule, which is included in the Attachments with this request. The following documents have been submitted to and approved by DWR for Task #1: 1. Mitigation Plan dated December 21, 2023; approved February 26, 2024 2. Mitigation Bank Instrument executed February 21, 2024 3. Conservation Easement Recorded in Wayne County Register of Deeds March 22, 2024 4. Conservation Easement Plat Recorded in Wayne County Register of Deeds March 21, 2024 5. Construction Performance Bond, executed March 28, 2024 Credits requested for release are detailed below: Credit Type % Release Credit Amount (include Units) Notes/Comments Buffer Restoration 25% 51,400.500 credits Buffer Preservation 25% 1,367.184 credits Buffer Enhancement 25% 658.875 credits Generated Nitrogen Nutrient Offset No longer shown in Project Credits Table. Delivered Nitrogen Nutrient Offset 25% 2,450.736 lb/30 yr Generated Phosphorus Nutrient Offset Not applicable. Delivered Phosphorus Nutrient Offset (Jordan sites only) Not applicable. SIGNATURE Attachments: 1. Approved Project Credit Table (from the approved Project Plan) 2. Approved Credit Release Schedule (from the MBI) VIII. CREDIT RELEASE SCHEDULE A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that Riparian Buffer Credits and Nutrient Offset Credits associated with the Brooks Swamp Bank Parcel will become available for sale to a third party in accordance with the Credit Release Schedule provided in Table 3.0 below: Table 3.0 — Credit Release Schedule for Riparian Buffer Credits and Nutrient Offset Credits Task Project Milestone Credit Available for Sale 1 Instrument and BPDP Approved by DWR, Conservation Easement 25% Recorded and Assigned', and Financial Assurance Posted 2 All mitigation activities including Riparian Earthwork, Planting and 20% Installation of Monitoring Devices Completed, easement boundaries adequately marked, all applicable permits obtained, and site visit performed by DWR 3 Monitoring Financial Assurance Posted and Approval of As -Built Report 10% 4 Monitoring Report #1: Approved by the DWR' & Financial Assurance 10% Renewed 5 Monitoring Report #2: Approved by the DWR' & Financial Assurance 10% Renewed 6 Monitoring Report #3: Approved by the DWR' & Financial Assurance 10% Renewed 7 Monitoring Report #4: Approved by the DWR' & Financial Assurance 5% Renewed 8 Monitoring Report #5: Approved by the DWR' and final site visit by 10% DWR has been conducted Total 100 For specification, please see Section V of this Instrument. DWR approval provided upon a determination that the site is meeting performance standards contained within the approved BPDP. B. DWR may modify Credit Release Schedules based on the information submitted or the order in which required information is received. DWR will notify Sponsor of any modification to the Credit Release Schedule. C. Any major deviations to the Bank Parcel that are not authorized in writing by DWR prior to implementation may affect the amount of Riparian Buffer Credits and Nutrient Offset Credits that will be generated by the Bank Parcel. Remainder of this page intentionally left blank. 13