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HomeMy WebLinkAbout20160980 Ver 2_Credit Release Task 9 FINALDocuSign Envelope ID: 557F899E-El l8-4EA1-A2B4-5ACA373B3DBA ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 22, 2024 Jamey McEachran DWR Project #: 2016-0980v2 EBX Neuse 1, LLC Johnston County (via electronic mail: imceachran@res.us ) Re: RES Neuse Buffer & Nutrient Offset Umbrella Mitigation Banking Instrument (UMBI) Meadow Spring Bank Parcel Credit Release - Task 9 FINAL RELEASE & MONITORING CLOSEOUT Dear Ms. McEachran: On October 23, 2023, the Division of Water Resources (DWR) received a Year 5 Monitoring Report from EBX Neuse 1, LLC (EBX) for the Meadow Spring Buffer Mitigation & Nutrient Offset Bank (Site). On November 1, 2023, Katie Merritt with the DWR, visited the Site to compare vegetation data submitted in the monitoring report with onsite conditions and to evaluate the Site for closeout of the monitoring requirements for the riparian vegetation. Staff with EBX were also present. As a result of the site visit evaluation, Ms. Merritt required EBX to submit a remediation plan to address easement encroachments, stem mortality, supplemental planting, easement sign repairs and other easement related concerns. On April 11, 2024, EBX submitted documentation to DWR addressing how all remediation items needed to address the issues observed on the site had been fully implemented. By copy of this correspondence, DWR supports closing out the Site for any further monitoring and maintenance of the riparian vegetation and conservation easement associated with the nutrient offset and buffer mitigation credit areas. However, the conservation easement for the Site also includes the Meadow Spring Stream Mitigation Bank (Stream Bank). Therefore, additional monitoring and maintenance requirements for the Stream Bank will need to continue until closeout of the Stream Bank has been authorized by the US Army Corps of Engineers and Interagency Review Team. By copy of this letter, the monitoring requirements at the subject Site have been met and DWR is releasing EBX from its financial assurance obligations under Performance Bond #9332404 in the amount of $60,000 issued to EBX from Fidelity & Deposit Company of Maryland. Lastly, according to DWR files, the Grantee of this Site's conservation easement is the North Carolina Wildlife Habitat Foundation. In accordance with the UMBI, signed on January 31, 2018, the following Project Milestones have been met and the corresponding credits shall be released: 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 CARCLINA 919.707.9000 DocuSign Envelope ID: 557F899E-E118-4EA1-A2B4-5ACA373B3DBA Meadow Spring Site EBX April 22, 2024 Task/Milestones Credit 9) Monitoring Report #5: Approved by the DWR & final site visit by DWR 10% has been conducted By copy of this correspondence, DWR confirms that you have satisfied the above requirements for the above -referenced tract and 10% of your Nitrogen nutrient offset credits (0.10 x 4,271 lb-N = 427.1 lb-N) are now available to sell. Additionally, 10% of your Neuse buffer Restoration credits (0.10 x 192,368 ft2=19,236.80 ft2) and 10% of your Neuse buffer Enhancement credits from cattle exclusion (0.10 x 26,805 ft2= 2,680.50 ft2) are now available to sell. 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, which became effective on April 1, 2020. Additionally, the riparian buffer credits must be used for impacts in the Neuse River Basin in accordance with guidelines in the Consolidated Buffer Mitigation Rule, 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 contact Katie Merritt at katie.merritt(a deq.nc.gov if you have any questions regarding this correspondence. Sincerely, Es DocuSigned by:�p�� �bSS 755ABFOCD8OB428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch cc:File Copy (Blake Hartshorn) Amy Staley (EBX/RES) Todd Tugwell — USACE todd.j.tugwell&usace.gM.mil Theodore Bethea — NC Wildlife Habitat Foundation beaubetheakgmail.com Page 2 of 2