20200579 Ver 1_RecordedO&M Agreement_WhirligigStation_20240528

ID#* 20200579 Version* 1
Select Reviewer:
Katie Merritt
Initial Review Completed Date 06/03/2024
Mitigation Project Submittal - 5/28/2024
Is this a Prospectus, Technical Proposal or a New Site?* Yes No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name: * Email Address:
Noah Parsons [e-mail]
Project Information
ID#: * 20200579 Version:* 1
Existing ID# Existing Version
Project Type: DMS Mitigation Bank
Project Name: Whirligig Station
County: Wilson
Document Information
Mitigation Document Type:*
Mitigation As -Built Plans
File Upload: RecordedO&M Agreement WhirligigStation.pdf 10.88MB
Please upload only one PDF of the complete file that needs to be submitted...
Signature
Print Name:* Rebecca Stubbs
Signature: *
-O&M"'? sr„ml

`'nil3021 N.853
This agreement, made and entered into this o[ 0 day of WIL 20ola by and between the City
of Wilson Stormwater Division, acting as the Bank Spons (the "Sponsor") and the North Carolina
Department of Environmental Quality - Division of Water Resources ("DWR") for the purposes of
upholding nutrient offset credits as provided by the Whirligig Station Sand Filter Nutrient Offset
Stormwater Control Measure Site ("Nutrient Offset SCM"), located in the City of Wilson, North Carolina
("City"), to be maintained;
WITNESSETH:
Whereas, the Sponsor has adopted through the City Unified Development Ordinance certain
stormwater management regulations within the City of Wilson, North Carolina and
Whereas, such regulations, including but not limited to the City of Wilson Unified Development
Ordinance, Section 12, Erosion, Flood, Stormwater and Watershed Provisions, require the Sponsor to
operate and maintain the Nutrient Offset SCM to provide storage treatment of stormwater runoff which
also provides Nutrient Offset credits to be traded under a Nutrient Offset Banking Instrument (NOBI)
approved by DWR; and
Whereas, the Sponsor has constructed a Nutrient Offset SCM to satisfy the requirements of such
regulations and agreements, the boundaries and general description of the Nutrient Offset SCM being
described in Appendix A attached hereto and incorporated herein by reference; and
Whereas, the Sponsor is the Owner of the Nutrient Offset SCM; and
Whereas, as a condition of the NOBI, the Sponsor is required to operate and maintain the Nutrient
Offset SCM in perpetuity in a manner that accomplishes the stormwater control and treatment intended,
including but not limited to ongoing nutrient reduction, and to enter into an agreement with DWR
securing that commitment;
Now, therefore, for and in consideration of the premises and the approval by DWR of the NOBI
and the Nutrient Offset Credits generated by the Nutrient Offset SCM, the Sponsor does hereby covenant
and agree with DWR that the Nutrient Offset SCM shall be held, operated, maintained, and encumbered
pursuant to the covenants and conditions hereinafter set forth;
1. No conveyance of the Nutrient Offset SCM without new Agreement. The Sponsor covenants and
agrees that it will not convey, transfer, assign, lease or otherwise release or relinquish ownership
or control of the Nutrient Offset SCM, in whole or in part, unless and until the proposed new
owner of the Nutrient Offset SCM, or any interest therein, has entered into a SCM Operation and
Maintenance Agreement with the Sponsor containing substantially the same terms and
conditions as this Agreement.
"'- ATTN: NOAH PARSONS
CITY OF WILSON
PO BOX 10
WILSON, NC 27894
IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 007051350036 Type. CRP
Recorded: 062li
Fee Amt: $110.0 Z023 PageaI of 36 25 AM
Wilson, NC
Lisa J. Stith Register of Deeds page 1 of
BK3021 PD853-888

a3013021 54
2. Property Obligated. A legal description of all the property which is obligated to maintain the
Nutrient Offset SCM is attached hereto as Appendix A. All owners of each lot or parcel therein (or
the sole owner if there is but one parcel) at the time the obligation hereunder arises shall be
ultimately responsible for the compliance with the terms, conditions and obligations of the
Agreement.
3. Operation and Maintenance. The Sponsor shall operate, maintain, repair, and, if necessary,
reconstruct the Nutrient Offset SCM in accordance with the provisions below:
a. Maintenance of the Nutrient Offset SCM shall be at least in accordance with instructions for
all SCMs and specifically, sand filters, as described in the current NC DEQ Stormwater Design
Manual and as specified in the Operation and Maintenance Plan, Appendix B. At minimum,
maintenance activities shall conform to the guidelines contained therein, and shall maintain
the Nutrient Offset SCM as designed for optimal functioning. For the project named herein,
the specific SCM is described in Appendix A.
b. An Annual SCM Certification shall be submitted by the Sponsor and approved by DWR,
according to this Agreement. Annually, on or before December 31, the Sponsor shall submit
to DWR a certification, sealed by a registered Professional Engineer, that the Nutrient Offset
SCM is functioning as intended, plus a certification by the person or entity responsible for
maintenance that (1) the specific maintenance activities have occurred, (2) all nonroutine
maintenance has been listed and (3) that the Operation and Maintenance Plan is adequate to
ensure optimal functioning or that changes are recommended.
c. A notarized Operation and Maintenance Plan, Appendix B, shall be signed by the Sponsor and
submitted to DWR prior to approval of this agreement. Changes to the Operation and
Maintenance Plan shall be submitted with the SCM Certification, if required to maintain
optimal functioning of the SCM or to remain in compliance with the maintenance
recommendations of the Manual. Proposed changes to the Operation and Maintenance Plan
are subject to approval by DWR. Additional information may be required for reporting
purposes, as directed by DWR or designee.
d. Landscaping of the area around the Facility shall not reduce the capacity or hinder operation
and maintenance of the Nutrient Offset SCM. Landscaping shall be maintained to ensure that
landscape materials live and prosper. Re -vegetation and stabilization of areas may be
required by DWR or designee.
e. The Nutrient Offset SCM shall be maintained in a manner so as to control insects, odors and
algae as determined necessary by DWR or designee.
Page 2 of 9

BY302 f PAGt855
f. Any fencing or other security measures shall be maintained in good condition. If no fencing
or security measures were included with original construction, they shall be added at the
Sponsor's expense at such time as DWR or designee determines that unauthorized persons
are disturbing the Nutrient Offset SCM and that security measures will help prevent such
unauthorized activity.
g. Necessary non -routine maintenance actions shall be performed in a timely manner so as to
ensure continuous performance of the Nutrient Offset SCM. All non -routine maintenance
activities shall be noted in the next yearly report.
4. Right of Inspection by DWR. The Sponsor hereby grants DWR the right, privilege, and easement
over, upon and across the Property lying between any public street or right of way and the
Nutrient Offset SCM for the purpose of inspecting, correcting, repairing, replacing or maintaining
the Nutrient Offset SCM as provided in this Agreement. This right, privilege, and easement is
appurtenant to and shall run with the Property and Nutrient Offset SCM.
5. Remedies for Violations of this Agreement.
a. If the Sponsor shall fail to satisfactorily maintain or repair the Nutrient Offset SCM asset forth
herein, or otherwise violates this Agreement, DWR may order the Sponsor to undertake
necessary actions to correct such violation. If the Sponsor fails to comply with such order
within thirty (30) days from the date thereof, DWR, in its sole discretion, may enter the
Property and perform all necessary work to place the Nutrient Offset SCM in proper working
condition. The full cost of performing the work (including but not limited to employee time,
material and supplies, vehicle and equipment use, administrative expenses, plus all contract
costs, if required for repairs, design or inspection) shall be a assessed against the Sponsor,
with such amount being due in full within thirty (30) days of service of an invoice on Sponsor,
and the Sponsor hereby agrees to timely pay the same.
Should any payment to the DWR be delayed by more than thirty (30) days after receipt the
invoice by the Sponsor, the Sponsor shall pay DWR interest, beginning on the 31't day, at the
rate of 1% per month or fraction thereof on such unpaid balance as may be due.
b. DWR shall have the right to bring an action against the City and/or each individual owner to
recover all sums due, including its expenses, damages, and its reasonable attorney fees, seek
injunctive and equitable relief, and/or such other and further relief as may be just and
appropriate.
c. The remedies provided by this paragraph are cumulative and are in addition to any other
remedies provided by law.
6. No Waiver of Breach. In the event of a breach of any term of this Agreement, any delay or failure
on the part of DWR to exercise any rights, powers, or remedies herein provided shall not be
construed as a waiver thereof or acquiescence of such breach or any future breach.
Page 3 of 9

7rOK3021 WE856
7. Amendments. This Agreement maybe amended, revised, or modified only by a written document
signed by the parties.
8. Binding Effect. The conditions and restrictions set forth herein with regard to the Nutrient Offset
SCM shall run with the land and shall bind the Sponsor and any subsequent owner(s), its heirs,
successors and assigns and all parties claiming by, through, or under them shall be taken to hold,
agree, and covenant with DWR, its successors and assigns, and with each of them to conform to,
comply with and observe said conditions and restrictions. DWR shall be deemed a beneficiary of
the conditions and restrictions set forth herein and such conditions and restrictions shall run with
land in favor of DWR.
9. Warranties of Title. The Sponsor covenants and warrants that is lawfully seized and possessed of
the Nutrient Offset SCM and real estate described in Appendix A, that it has good right and lawful
authority to enter into this Agreement for the purposes herein expressed, and that no consent or
waiver by the holder of any mortgage, deed of trust, or other security instrument, or any other
person, firm, or corporation is required prior to entering in this Agreement.
10. Interpretation. Use of the masculine gender herein includes the feminine and neuter, and the
singular number used herein shall equally include the plural. The captions preceding the various
provisions of this Agreement are for the convenience of reference only, and shall not be used as
an aid in interpretation or construction of this Agreement. The laws of North Carolina shall govern
this agreement.
11. Severability. Invalidation of any one of these covenants or conditions by judgement or order of
any court shall in no way affect any of the other provisions, which shall remain in full force and
effect.
Page 4 of 9

50H 3 0 21 PAGI 8 S 7
City of Wilson, Stormwater Division:
Title & Organization:
Street address:
City, state, zip:
Contact Phone number(s):
Contact Email:
Director of Public Works; City of Wison
99
Signature: `% Date: 3/L/_/1
I, CY\ha Notary Publicforthe State of County of
WiQ on , do hereby certify that \N -C cA personally appeared
before me this 1 A day of m Ai(,y 1 and acknowledge the due execution of the Operations
and Maintenance Agreement.
Witness my hand and official seal,/yv ' 1 AO
NOTARY
MY
G,OMMISSON EXPI:IES
171100M
PU1300,.r;
My commission expires 1 L-10 11
Page 5 of 9

{
r
i

BUR 3021 r46t858
City of Wilson, Stormwater Division:
Title & Organization:
Street address:
City, state, zip:
Contact Phone number(s):
Contact Email:
Director of Public Works; City of Wlson
Signature: a-Q- j id Date: -3f -1 �2� 1.�
I, ,Li(m i to . a Notary Public for the State of (%1 Di{Yllil County of
VY iliw\ , do hereby certify that ��ASS 1 `L personally appeared
before me this t �\AA day of m Qt cy, and acknowledge the due execution of the Operations
and Maintenance Agreement. ,�,`,,'
Witness my hand and official seal, U V' V �'V''�"
,opTARIV
VAV �pMMIS91ON EX"RF-S
mwr+� V
2.
z,, PUB{-\G..t.
My commission expires 1 -1 V LL
Page 5 of 9

`i001ii 3 0 21 PAGE 8 5 9
NC DWR:
Title & Organization:
Street address:
City, state, zip:
Contact Phone number(s):
Yr - u
Contact Email: C/ '&' (o A4-- deIt . )C/
Signature: Date:
I, 24, 11 do OA/7,(,q&"a , a Notary Public for the State of //)07 �/b�]/!//%/1' County of
do hereby certify that P10171' /I Pb personally appeared
before me this &%OA day of �Tal&Q and acknowledge the due execution of the Operations
and Maintenance Agreement.
Witness my hand and official seal, kja
PAUL:C:':p
PELL
1 NOTALIC(�URHAMY N r C.
My commission expires /r9/ 14iO/)-`t/
Page 6 of 9

700113021 -AH860
Appendix A.
Description of the Nutrient Offset SCM and Property Obligated to Maintain Nutrient Offset SCM
Stormwater control measure providing stormwater nutrient removal for the subject Property identified
as "Whirligig Station" is more particularly identified as:
Nutrient Offset SCM beneath the parking lot located south of Tarboro Street W, between Kenan Street
SW and Barnes Street SW in Wilson, North Carolina.
All of the Property known as "Whirligig Station" has parcel number 3722207111 and is recorded in Deed
Book 2560, Page 365 and Plat Book 41, Page 239 in the Wilson County Registry.
Page 7 of 9

�rK 3 0 2 1 "HE V 6
Appendix B.
i Sand Filter Maintenance Requirements
Important maintenance procedures:
The drainage area will be carefully managed to reduce the sediment load to the sand filter.
The sedimentation chamber or forebay will be cleaned out whenever sediment depth exceeds six
inches.
Once a year, sand media will be skimmed.
The sand filter media will be replaced whenever it fails to function properly after maintenance.
The sand filter shall be inspected quarterly and within 24 hours after every storm event greater than 1.0 inches (or 1.5
inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be
available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element:
Potential problem:
How to remediate the problem:
Entire BMP
Trash/debris is present.
Remove the trash/debris.
Adjacent pavement (if
Sediment is present on the pavement surface.
Sweep or vacuum the sediment as
applicable)
soon as possible.
Perimeter of sand filter
Areas of bare soil and/or erosive gullies have
Regrade the soil if necessary to
formed.
remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too long.
Maintain vegetation at an
appropriate height.
Flow diversion structure
The structure is clogged.
Unclog the conveyance and
dispose of any sediment offsite.
The structure is damaged.
Make any necessary repairs or
replace if damage is too large for
repair.
The inlet device
The pipe is clogged.
Unclog the pipe. Dispose of the
sediment off -site.
The pipe is cracked or otherwise damaged.
Replace the pipe.
Erosion is occurring in the Swale.
Regrade the Swale if necessary to
smooth it over and provide
erosion control devices such as
reinforced turf matting or riprap
to avoid future problems with
erosion.
Page 8 of 9

MR3021 a.AH862
Stone verge is clogged or covered in sediment (if
Remove sediment and replace
applicable).
with clean stone.
Forebay or pretreatment
Sediment has accumulated to a depth of greater
Search for the source of the
area
than six inches.
sediment and remedy the problem
if possible. Remove the sediment
and stabilize or dispose of it in a
location where it will not cause
impacts to streams or the BMP.
Erosion has occurred.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If a pesticide is used, wipe it
on the plants rather than spraying.
Filter bed and underdrain
Water is ponding on the surface for more than 24
Check to see if the collector
collection system
hours after a storm.
system is clogged and flush if
necessary. If water still ponds,
remove the top few inches of filter
bed media and replace. If water
still ponds, then consult an expert.
The outlet device
Clogging has occurred.
Clean out the outlet device.
Dispose of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet
device.
The receiving water
Erosion or other signs of damage have occurred at
Contact the local NC Department
the outlet.
of Environment and Natural
Resources Regional Office.
Page 9 of 9

302I 'AGE863
APPENDICES C - L

F-
w
E
J
c
0
VJ
r
I
7
V,
S NS�
'zt,�tiftl��'
1
j]l
1
pllll
��,
POP
o
z
U
5
v
ICI
❑
z�
a
m
g
o
m
A �
�d

"3C2 ! 365
Nutrient Offset Program & Buffer Mitigation Program Updated .
Authorities for Neuse Strategy MBI August 11, 2020
APPENDIX D
Authorities pertaining to the City of Wilson Whirligig Station Nutrient Offset Banking Instrument
All Basins
General Statutes:
G.S. § 143-214.11 Ecosystem Enhancement Program
G.S. §143-214.26 Nutrient Offset Credits
G.S. § 143-214.7 Stormwater runoff rules and programs
G.S. § 143-215.813 Basinwide Water Quality Management Plans
Session Laws
S.L. 2019-86 (Amendment to G.S. §143-214.26)
S.L.2016-94
S.L.2015-246
S.L.2015-149
S.L.2014-90
S.L.2014-120
S.L.2013-413
S.L.2013-121
S.L.2013-265
S.L. 2012-200 (Amendment to G.S. §143-214.23 and G.S. §143-215.1)
S.L. 2011-343 (Amendment to G.S. §143-214.11)
S.L. 2009- 337 (Amendment to G.S. § 143-214.11)
Administrative Rules:
15A NCAC 02B .0202 Definitions
15A NCAC 02B .0223 Nutrient Sensitive Waters
15A NCAC 02B .0701 Nutrient Strategies Definitions
15A NCAC 02B .0703 Nutrient Offset Credit Trading
Neuse River Basin Buffer and Neuse Nutrient Strategy
Session Laws
S.L. 2011-394
S.L. 1998-221 (Part 1)
S.L.1995-572
Administrative Rules:
15A NCAC 02B .0710 Neuse Nutrient Strategy: Purpose and Scope
15A NCAC 02B .0711 Neuse Nutrient Strategy: Stormwater
15A NCAC 02B .0712 Neuse Nutrient Strategy: Agriculture
15A NCAC 02B .0713 Neuse Nutrient Strategy: Wastewater Discharge Requirements

�OK3021=dGE866
a
a
0
a
c
c
m
m
�
a
u
c
v
m
3
o
Z
E
0
c
v
o
a
o0
Q
�n
�
«
z
m
o
a
o
c
0
6
p
u
x
v
q
a
N
�
r
a 0 �
z
� a
N s
a
V
c
a
U
x
3
w
0
6
v
u
a' a
`o w
«a
t
5
�a
A
0
a
i
a
m
a

Appendix F
AGpr 3 0 21 PAGE 8 6 7
City of Wilson Entities and Roles
Entity
Role
City of Wilson Stormwater Division
Bank Sponsor
City of Wilson Engineering Division
Long -Term Steward

DocuSign Envelope ID: D35A5166-5244-4F78-98AB-CO6E79DAF832
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary,
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 5, 2020
Noah Parsons, Stormwater Compliance Specialist
City of Wilson
Post Office Box 10
Wilson, North Carolina 27894-0010
AR 8 6 8 Appendix G
DWR # 2020-0579vl
Wilson County
Subject: APPROVAL OF SAND FILTER SCM TO GENERATE NUTRIENT OFFSET CREDITS
Whirligig Station Sand Filter System
Dear Mr. Parsons:
The Division of Water Resources (Division) recently received a Stormwater Management Plan (SMP) for
the Whirligig Station from McAdams Company on behalf of the City of Wilson. The proposed Stormwater
Control Measure (SCM) is a sand filter system that will be constructed by and for the City of Wilson with
the intent to generate nutrient load reductions for nutrient offset credits under 15A NCAC 02B .0703. The
design of the sand filter system and its associated nutrient reduction calculations were reviewed by the
Division for compliance with 15A NCAC 02H .1050 through .1062 and parts of 15A NCAC 02B .0703 (c-
d).
By copy of this letter, the Division hereby approves the SCM and authorizes that the proposed design for
the sand filter system meets the minimum design criteria as set out in 15A NCAC 02H .1050 and 1056.
Additionally, if designed, constructed and implemented in accordance with the SMP and supporting
documentation submitted to the Division, the project meets the nutrient offset credit approval standard
outlined inl5A NCAC 02B .0703 (c). Any changes or modifications to the SCM may require additional
review and prior approval from the Division.
By copy of this letter, the Division also approves the applicant's request to use the Neuse Method 2 Nutrient
Offset Calculations as the appropriate method to quantify the nitrogen nutrient offset credits that are
anticipated to be generated by this system. The calculations provided in the SMP estimate that the proposed
nutrient reduction project is likely to generate approximately 63.89 pounds (lbs.) of Nitrogen nutrient offset
credits per year if designed, constructed, implemented and sustained as proposed.
Additional project approval standards will be required if the City of Wilson decides to use the nutrient offset
credits from this nutrient reduction project as a Nutrient Offset Bank. Rule requirements for nutrient offset
banks and associated providers of the nutrient offset credits are defined more specifically in 15A NCAC
02B .0703 (e-g). If you have any questions or concerns regarding nutrient offset banks, please contact Katie
Merritt at katie.merritt(c),ncderingov.
North Carolina Department of Environmental Quality I Division of Water Resources
D_E �� 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: D35A5166-5244-4F78-98AB-CO6E79DAF832
J1,0K 3 0 2 1 PAGE 8 6 9 DWR # 2020-0579vl
Page 2 of 2
If you have any questions or concerns regarding the SMP, please contact Chonticha McDaniel at
chonticha.mcdaniel(a)ncdenr. eov.
Sincerely,
CDxuft d by:
P..«L �/1�1."
B49D81 BA E4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Rebecca Stubbs, PE — McAdams Company (via email)
Trish D'Arconte — DWR, Non -Point Source Planning Branch (via email)
Jim Hawhee — DWR, Non -Point Source Planning Branch (via email)
DWR 401 & Buffer Permitting Branch File

C � �t L {3 � � �• F
k �w: l
GKn
1
i
R" 41

BOY 3 0 21 PAGE 8 7 1
APPENDIX I CITYOFWILSON
STORM WATER MASTER ACCOUNTS BUDGET EXCERPT
Account
Description
Budget
Actual
Balance
342O606-573.30-36
DISTRIBUTION SYSTEM MAINT/ MAINTENANCE OF MAINS
$60,000.00
$8,805.62
$51,194.38
342.7606.513.30-38
DISTRIBUTION SYSTEM MAINT/ LANDSCAPE RESTORATION
$25,000.00
$18,000.00
$2,000.00
3424606,523.30-42
DISTRIBUTION SYSTEM MAINT/ STREAMBANK STABI1.I2ATIO
$184,343.00
$165,629.07
$18,713.93
342-0606-523.30A4
DISTRIBUTION SYSTEM MAINT/ INFRASTRUC ASSET MANAGE
$4OO,W0.00
$44,271.50
$355,228.50
342-9606-573.30A5
DISTRIBUTION SYSTEM MAINT/ MITIGATION BANKING
342-0606.523.31-00
MAINTENANCE/ MAINTENANCE OF EQUIPMENT
$25,WO.00
$26,597.28
-$1,597.28
342-)606-5)3.32.00
MAINTENANCE/ MAINTENANCE OF VEHICLES
$60,000AO
$35,788.90
$24,211.10
342J606-523.35-00
MAINTENANCE/ STORM SEWER MAINTENANCE
$750,000.00
$641,951.13
$308,048.87
KKK-KXXX-XKX.XK-XX
MAINTENANCE/ WHIRLIGIG NUTRIENT OFFSET SITE SCM ANNUAL
$6,150.00

a[,]021 Al872
}
}
}\/w
\
/\�\
�}
\E
!ƒ
_
ƒ)//E
\\
\\t
}}/\\
M.
}}�
\REE
w0\\))
}}(
}

MR3021 AV873
AGREEMENT TO ESTABLISH THE CITY OF WILSON WHIRLIGIG STATION NUTRIENT OFFSET BANKING
INSTRUMENT IN THE NEUSE RIVER BASIN FOR NUTRIENT OFFSET CREDITS PURSUANT TO THE NEUSE
NUTRIENT MANAGEMENT STRATEGY
TABLE OF CONTENTS
I.
PREAMBLE...........................................................................................................................................3
II.
LOCATION AND GEOGRAPHIC SERVICE AREA.....................................................................................3
III.
AUTHORITIES.......................................................................................................................................3
IV.
ESTABLISHMENT OF NUTRIENT OFFSET SCM.....................................................................................4
V.
STORMWATER MANAGEMENT PLAN.................................................................................................5
VI.
POST CONSTRUCTION DOCUMENTATION..........................................................................................5
VII.
CALCULATION OF NITROGEN NUTRIENT OFFSET CREDITS.................................................................9
VIII.
CREDIT RELEASE SCHEDULE..............................................................................................................10
IX.
PROCEDURE FOR DEBITING AND CREDITING NUTRIENT OFFSET CREDITS.......................................11
X.
BANK CLOSURE..................................................................................................................................12
XI.
GENERAL PROVISIONS.......................................................................................................................13
REFERENCES
1. Nutrient Strategies Definitions Rule Text 15A NCAC 02B .0701
ham: re orts.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20auality/chapter%2002%20-
%20environmemal%20manaeement/su bch a pter%20b/15a%20n cac%2002 b%20.070 1. pdf
2. Nutrient Offset Credit Trading Rule Text 15A NCAC 026 .0703
http://reports.oa h.state.nc.us/ncac/title%2015a%20-%20environmenta1%20auality/chapter%2002%20-
%20environmental%20manaeement/subchapter%20b/15a%20ncac%2002b%20.0703.odf
3. NC Session Law 2019- 86 " Nutrient Offset Credits":
https://ncleg.gov/Enacted LeRislation/Session Laws/HTM L/2019-2020/SL2019-86.htm I
Attachment A —Operation & Maintenance Agreement (with Appendix A and B)
1

a 11k3021 .10E874
APPENDICES
C — City of Wilson Limits and Extraterritorial Jurisdictions Map
D — Division of Water Resources Authority Document
E — Nitrogen Nutrient Offset Ledger Template
F — City Entities and Roles Table
G —Stormwater Management Plan Approval Letter
H — Whirligig Station Sand Filter Stormwater Control Measure Drainage Area Map
I — City of Wilson Stormwater Master Accounts and Budget Excerpt
J — Funding Flow Chart

90013 0 21 PAGE 8 7 5
I. PREAMBLE
This Nutrient Offset Banking Instrument ('Instrument") regarding the establishment, use, operation,
and maintenance of the Whirligig Station Sand Filter Nutrient Offset Stormwater Control Measure
Site ("Nutrient Offset SCM") located in the City of Wilson ("City') to provide Neuse Nutrient Strategy
nutrient load reduction credit ("Nutrient Offset Credits") is made and entered into by and among
the City of Wilson Stormwater Division acting as the Bank Sponsor ("Sponsor"), the City of Wilson
Engineering Division ("Engineering Division") acting as the long term steward, and the North
Carolina Department of Environmental Quality— Division of Water Resources ("DWR"). The Sponsor
will be rewarded the Nutrient Offset Credits and will be responsible for this Instrument. This
Instrument is in accordance with 15A NCAC 02B .0701 and 15A NCAC 02B .0703 (References # 1 and
2).
The purpose of the Nutrient Offset Bank is:
A. To generate and sell any resulting Nutrient Offset Credits to third parties located within the
City's limits including extraterritorial jurisdictions (ETJs) of,the City for development (both
existing and proposed) and for use on City projects requiring such nutrient offsets. See
Appendix C for exhibit of City's limits and ETJs.
II. LOCATION AND GEOGRAPHIC SERVICE AREA
A. The Geographic Service Area ("GSA") is the designated area wherein a Bank can reasonably be
expected to sell Nutrient Offset Credits for impacts due to development activities.
B. The Site is located within the Neuse River Basin in the State of North Carolina, United States
Geological Survey ("USGS") 8-digit Hydrologic Unit Code ("HUC") 03020203 within the City.
C. Sale or transfer of Nutrient Offset Credits shall be limited to the 8-digit HUC 03020203 in the
Neuse River Basin and within the City limits and ETJ of the City, excluding the Tar -Pamlico
Watershed, unless otherwise authorized by DWR in accordance with 15A NCAC 02B .0703
(Reference #2) or in accordance with Session Law 2019-86 (Reference #3).
D. The Nutrient Offset SCM is being used as a parking area. The project is located at 35.724181' N
and 77.912967° W within the City.
III. AUTHORITIES
A. The Bank will be used to provide Nutrient Offset Credit in accordance with the requirements in
the DWR Authority document referenced herein as "Appendix D" and attached to this
Instrument.
B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Appendix D and any new approved North Carolina ("State") statutes and rules
for the Neuse Nutrient Sensitive Waters Management Strategy.
3

�OK3021 FACE876
C. The selling of nutrient offset credits generated from the Nutrient Offset SCM approved under
this instrument, shall be consistent with approved State statutes and rules for the Neuse
Nutrient Sensitive Waters Management Strategy.
D. Nutrient load reduction activities proposed under this Instrument and corresponding
Stormwater Management Plan (SMP) to generate Nutrient Offset Credits shall be consistent
with State statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy that
are in place at the time the complete SMP was approved by DWR.
IV. ESTABLISHMENT OF NUTRIENT OFFSET SCM
A. In accordance with 15A NCAC 02B .0703 (c and d) and 15A NCAC 02H .1050 through .1062, DWR
approved the Whirligig Station Sand Filter Stormwater Management Plan (SMP). The approved
SMP included the modified sand filter design calculations and nitrogen offset calculations as well
as the original design calculations. The Sponsor shall comply with all parts of the O&M
Agreement provided in Attachment A attached hereto and incorporated herein by reference
("O&M Agreement') which includes the management and maintenance requirements for the
Nutrient Offset SCM. Table 1.0 below outlines the timeline associated with the DWR approval of
the Site proposed under this Instrument:
Table 1.0—SCM Approval Details
Nutrient Offset
DWR Project IDfi
DWR Site
SMP (Final Draft)
SMP Approval
SCM
Evaluation
Letter
Whirligig Station
Sand Filter
2020-0579
N/A
May 11, 2020
June 5, 2020
Nutrient Offset
(Appendix G)
SCM
B. The approved SMP for the Nutrient Offset SCM described in this instrument will be included in
the public notice for this Instrument. However, only the Instrument will be made available for
public commenting for 15 calendar days.
C. The Nutrient Offset SCM is expected to provide Nutrient Offset Credits in accordance with 15A
NCAC 02B .0703 as well as in accordance with the O&M Agreement. The Nutrient Offset SCM is
expected to provide Nutrient Offset Credit as follows:
1. Nitrogen loading reductions are provided by the voluntary- not required by any
state, local or federal permit- construction of a sand filter type of Nutrient Offset
SCM. The sand filter is constructed between Tarboro Street SW and Goldsboro
Street SW in the downtown area of the City in North Carolina. The Nutrient Offset
SCM treats approximately 8.61 acres of impervious area.
D. An As -built Report is required by DWR and shall include all the required documentation as
provided in Section VI.
4

50302I �%'877
V. STORMWATER MANAGEMENT PLAN
A. The SMP for the Nutrient Offset SCM was submitted to the DWR for review under 15A NCAC
02H .1050 through .1062 and parts of 15A NCAC 02B .0703 (c-d). The SMP was approved on
June 5, 2020. The SMP included Operation and Maintenance measures that would be required
for the SCM.
Permittins
B. The Sponsor obtained an erosion control permit from the North Carolina Division of Energy,
Mineral, and Land Resources needed for construction and to maintain the Nutrient Offset SCM.
This Instrument does not qualify as, or substitute for, such documentation, permit, or
authorization.
Construction
C. Construction of the Nutrient Offset SCM began in June 2020 after DWR approved the Nutrient
Offset SCM design via the SMP Approval letter (June S, 2020). Construction was completed in
July of 2020.
D. Requests for deviation from the approved SMP must be submitted to DWR in writing. Written
approval from the DWR must be received prior to implementing any deviation from the
approved SMP.
VI. POST CONSTRUCTION DOCUMENTATION
As -Built Report
A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this
Instrument and corresponding SMP, to establish, operate, and maintain the Nutrient Offset SCM
until Items C (1), (2) and (3) of Section X have been satisfied.
B. The Sponsor will submit an as -built plan for the Nutrient Offset SCM after receiving approval of
this Instrument and prior to any nutrient offset credits being released by the DWR. The As -Built
report will describe any deviation from the approved SMP and will document the following:
1. Stormwater SCMs: outlet structure information, surface area/volume calculations,
hydrograph routing information, photo point locations as appropriate, sealed engineers
certificate of completion.
2. Aerial map of the Nutrient Offset SCM that was included in the approved SMP.
G4

&I3021 878
Inspection and Maintenance Reports
C. One (1) annual report shall be submitted to DWR every year for five (5) consecutive years and
shall be submitted by December 31. In accordance with the O&M Agreement, the Nutrient
Offset SCM should be inspected quarterly and within 24 hours after a storm event greater than
1.0 inches. Reports and records of operation, inspection, and maintenance should be kept in a
known set location to be available upon request in perpetuity. Annual Reports shall include all
the following documentation:
1. Detailed 0&M form completed.
2. Best available recent aerial images.
3. Photos and photo point locations.
4. Inspection report, detailed summary of inspections performed that year.
5. Renewal documentation of financial assurances that have been secured for the Nutrient
Offset SCM.
6. Documentation that the fund (established for the Nutrient Offset SCM operation and
maintenance) has been adequately budgeted for the next fiscal year.
D. Inspection activities should be performed in accordance with the Operation and Maintenance
Manual's detailed list of potential problems. DWR highly recommends that all inspection
activities as well as Operation and Maintenance of the Nutrient Offset SCM be performed by a
trained certified professional in stormwater best management practices which can be found at
the following link: httos•//www.bae.ncsu.edu/workshops-conferences/stormwater-bmp/
E. A final onsite evaluation of the Nutrient Offset SCM, by DWR staff within the 401 & Buffer
Permitting Branch, may be required to be performed after receipt of the fifth annual report to
determine compliance with the O&M Agreement as well as compliance with this Instrument.
Full compliance must be achieved prior to final credit release issuance by the DWR.
F. A Memorandum of Agreement (MOA) between the Sponsor and the City of Wilson Engineering
Division outlining the responsibilities and procedures for purposes of upholding the nutrient
load reductions granted of the Nutrient Offset SCM shall be submitted to DWR for review. The
MOA is required to be signed by all parties and recorded with the easements described in this
Instrument prior to Bank Parcel Closure described in Section X. The MOA shall include all the
following:
1. Interim maintenance and management responsibilities of the Nutrient Offset SCM by all
parties to the MOA; and
2. Long term maintenance and management responsibilities of the Nutrient Offset SCM by
all parties to the MOA; and
3. Financial responsibilities for the Nutrient Offset SCM by all parties to the MOA; and
4. Appropriate references to this Instrument and the signed O&M Agreement; and
5. Other information as deemed appropriate to comply with this Instrument and
corresponding signed 0&M Agreement.

?Ilzlh,3021 "AH879
Contingency Plans/Remedial Actions
G. In the event the Sponsor has not maintained the Nutrient Offset SCM according to this
Instrument and corresponding 0&M Agreement and/or the Nutrient Offset SCM is not
operating efficiently per the approved SMP, the Sponsor shall develop necessary contingency
plans in coordination with DWR and implement appropriate remedial actions for the Nutrient
Offset SCM. Depending on the degree of remedial actions required, in accordance with 15A
NCAC 02B .0703 (g)(4), "the Division (DWR) may temporarily or permanently invalidate
permanent credits generated by an SCM if it determines that the SCM has been impacted due to
failure to comply with the terms of an associated project plan, nutrient offset banking
instrument, easement maintenance agreement, other protective agreement or this rule".
Property Disposition & Lone -Term Management
H. In accordance with 15A NCAC 02B .0703 (g)(4), "The SCM shall be placed in and protected by
recorded drainage easements with recorded access easements to the nearest public right-of-way
for purposes of operation and maintenance. These easements shall be granted in favor of the
person or entity responsible for operating and maintaining the structures, with a note as to the
responsible person or entity. Easements shall be of sufficient width for inspection and
maintenance of the project".
Prior to the release of any credits, the Sponsor will record permanent maintenance and access
easements at the Wilson County Register of Deeds sufficient to ensure protection, operation,
and maintenance of the Nutrient Offset SCM in perpetuity. Lands that shall also be protected in
perpetuity shall be those that were converted as part of the approved SMP, unless those areas
are part of the catchment area of the Nutrient Offset SCM. These lands are illustrated in
Appendix H.
The form of the maintenance easement shall be consistent with the standards employed by the
State of North Carolina in the protection of Nutrient Offset SCM areas and shall be approved by
the DWR prior to the release of any credits.
K. The Sponsor shall not grant additional easements, right of ways, or any other property interest
in or to the project areas, without prior approval from the DWR.
L. Additionally, the Sponsor shall not alter or allow alteration of the land cover that may increase
the Built Upon Area (BUA) draining to the Nutrient Offset SCM beyond the approved capacity,
without receiving prior written approval from DWR staff (see Section XI (K)) which is illustrated
in Appendix H.

Financial Assurances
M. For replacement costs, the City has two fund balances that the Sponsor can rely on in an event
that replacement or major repair of the Nutrient Offset SCM is needed, the Stormwater
Management Fund and the General Fund (see current City of Wilson Annual Budget). As a local
government with a stormwater utility fee and ability to employ tax dollars from its citizens, the
City has a reliable annual income within the Stormwater Management Fund to utilize for
replacement costs of the Nutrient Offset SCM. Because these funds are sources from the City's
citizens, the City has a responsibility to perform repairs within a responsible time frame.
(Additionally, the City and the Sponsor have an obligation to maintain the Nutrient Offset SCM's
functionality per the Hominy Swamp Restoration Plan for Category 4b demonstration).
Therefore, major repairs to the Nutrient Offset SCM would be prioritized from these available
funds initially. However, in the case that the replacement costs are greater than the available
Stormwater Management Fund balance, the Sponsor may utilize the City's General Fund. The
City is obligated to maintain an undesignated fund balance equal to or greater than 8% of the
overall General Fund operating budget. A good resource for more detailed information would be
to view the most current version of the City's Annual Budget for that year.
N. In addition to the Stormwater Management Fund and the General Fund, the City is self -insured
through a liability insurance provider. Within the General Fund, is an account named the Risk
Management Fund which is funded annually to cover the liability insurance policy's deductible
amount. If the cost of the Nutrient Offset SCM replacement or major repair is greater than the
$500,000 deductible amount, the City may draw on either the Stormwater Management Fund or
the Risk Management Fund to finance the replacement or repair up to $500,000 and the
insurance policy will go into effect for the remaining cost.
0. To use funds from any City account (Stormwater Management Fund, General Fund, or Risk
Management Fund) for Nutrient Offset SCM replacement or major repairs, the Sponsor, through
the City's Stormwater Manager, must seek approval from City Council to initiate the budget
amendment. Although not anticipated, if neither the Stormwater Management Fund nor the
Risk Management Fund has ample funds to finance the replacement or repair up to the
deductible, a budget amendment would be requested through City Council. This process will be
considered acknowledged and approved through City Council approval of this Instrument and
upon signature by the City's Stormwater Manager.
P. Following approval of the Instrument, the Sponsor shall provide documentation to DWR
demonstrating and itemizing annual operation and maintenance costs and commit to adding
those costs to the City budget as an expenditure line item, Nutrient Offset SCM Maintenance
and Repair, in the Stormwater Management Fund in perpetuity. An account, "Whirligig Nutrient
Offset Site SCM Annual Maintenance" (XXX-XXXX-XXX.XX-XX), will be created with a minimum
amount to be budgeted annually of $6,150 within the City of Wilson Stormwater Master
Accounts and Budget (Appendix 1). This account will be included in the City's budget in a manner
that is protected in perpetuity. As the Nutrient Offset SCM (sand filter and sedimentation
chamber) is a portion of a larger underground detention and treatment device, the cost of the
SCM was derived from the total construction cost of $844,000. The Nutrient Offset SCM
encompasses approximately 41.4% of the total area of the underground detention and
treatment device, therefore construction cost of the Nutrient Offset SCM is considered
$349,416. The cost of materials (sand filter media, underdrains, etc.) of the Nutrient Offset SCM

-r 302IacF88I
was $60,000. Therefore, the overall Nutrient Offset SCM cost is considered $410,000. The
Whirligig Nutrient Offset Site SCM Annual Maintenance budget of $6,150 is 1.5% of the total
construction cost of the sand filter portion of the overall Nutrient Offset SCM ($410,000). The
percentage of the total construction cost of the sand filter (1.5%) is based upon the assumption
that the overall maintenance budget should be 15% of the total construction cost of the sand
filter portion of the Nutrient Offset SCM and that full replacement of the sand filter media and
materials would only occur approximately every ten (10) years.
Q. Documentation of the City's budget will be provided to DWR annually by the Sponsor at the end
of each fiscal year for five consecutive years after approval of this Instrument. The completed
year's final budget records will be provided along with the upcoming year's budget plan to
demonstrate compliance with the commitment detailed above in Section VI, K-N.
R. The initial nutrient offset credit release will not occur until the completion of construction, as -
built certification, recordation of the deed and plat with easements, and the establishment of an
operation and maintenance agreement, therefore, a performance bond for initial construction
costs will not be necessary by the Sponsor for this Nutrient Offset SCM.
VII. CALCULATION OF NITROGEN NUTRIENT OFFSET CREDITS
Nutrient Offset Credits
A. Nutrient Offset Credit Generation by the Nutrient Offset SCM: The Sponsor and DWR agree:
The calculations provided in the approved SMP estimate that the proposed Nutrient Offset SCM
is likely to generate approximately 1,916 pounds (Ibs) of Nitrogen Nutrient Offset Credits (or
63.89 Ibs of Permanent Nitrogen Nutrient Offset Credits/year) if designed, constructed,
implemented, and sustained as proposed in the SMP. The Sponsor will record Nutrient Offset
Credit generation and sales in pounds using the ledger provided in Appendix E until DWR
transitions buyers and sellers of nutrient offset credits to units of pounds per year, at which time
the ledger should be modified to accommodate the new units.
This space left blank intentionally, do not add text to this space.

f�X3021 PAfu'c882
Vill. CREDIT RELEASE SCHEDULE
A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by
DWR, it is agreed that the nutrient offset credits associated with the Whirligig Station Nutrient
Offset SCM will become available for sale by the City of Wilson Stormwater Division in
accordance with Section II and the Credit Release Schedule below in Table 2.0
Table 2.0 - Credit Release Schedule for Nutrient Offset Credit Provided in Pounds
Credit
Available for
Task
Project Milestone
Sale (Ibs)
SMP Approved, 0&M Agreement Approved & Recorded,
Instrument Approved, Post Construction Financial Assurances
1,533.36
1
Secured, Complete As -Built Report & Engineer's Certificate
(80%)
Received, Maintenance & Access Easements Recorded.
2
Year 1 Inspection & Maintenance Report approved by DWR* and
76.67 (4%)
confirmation of funding provided for the next full year.
3
Year 2 Inspection & Maintenance Report approved by DWR* and
76.67 (4%)
confirmation of funding provided for the next full year.
4
Year 3 Inspection & Maintenance Report approved by DWR* and
76.67 (4%)
confirmation of funding provided for the next full year.
Year 4 Inspection & Maintenance Report approved by DWR*,
confirmation of funding provided for the next full year, and the
5
Memorandum of Agreement (MOA) referenced in Item F of Section
76.67 (4%)
VI signed by all applicable parties and recorded with the
Maintenance & Access Easements.
Year 5 Inspection & Maintenance Report approved by DWR* and
6
confirmation of funding provided in perpetuity. An onsite visit by
76.67 (4%)
DWR may be required.
1,916.70
Total
(100%)
* DWR Approval provided upon a determination that the Sponsor is compliant with the
O&M Agreement and the Nutrient Offset SCM is functioning as intended. All
Monitoring Report Inspections shall be conducted by an NCSU Stormwater SCM
Construction Inspection certified third -party entity when possible.
B. DWR may modify the Credit Release Schedules based on the information submitted or the order
in which required information is received. DWR will notify the Sponsor of any modification to
the credit release schedule.
10

9(iGM;302 ( 883
IX. PROCEDURE FOR DEBITING AND CREDITING NUTRIENT OFFSET CREDITS
Credit Ledgers
A. The Sponsor shall maintain one credit ledger for the Nutrient Offset SCM under this Instrument:
The credit ledger shall provide the accounting for the Nitrogen Nutrient Offset Credits in pounds
until DWR transitions buyers and sellers of nutrient offset credits to units of pounds per year, at
which time the ledger should be modified to accommodate the new units.
B. The credit ledger shall be submitted on a separate 8 %: in. x 11 in. spreadsheet with legible font
style and font size. All ledgers shall be submitted using the templates provided in Appendix E of
this Instrument or any updated versions to this template as provided by DWR.
C. The ledger needs to be submitted monthly and in accordance with Item F below.
Credit Processing
D. Nutrient Offset Credits generated from this Site will be used to offset nitrogen nutrient loads
within the 03020203 HUC of the Neuse River Basin, specifically those areas within that HUC that
are located within the City Limits and Extraterritorial Jurisdiction of the City, excluding any areas
within the Tar -Pamlico Watershed, in accordance with 15A NCAC 02B .0703. Please reference
Appendix C for map of included areas.
E. The Sponsor shall obtain written verification of nutrient offset need from a designated local
government within the approved GSA identified in Section II of this Instrument, the Division of
Energy Minerals and Land Resources (DEMLR) or from DWR through an approved NPDES permit
for wastewater nutrient sources, prior to debiting Nutrient Offset Credits from the Nutrient
Offset SCM. DWR must approve each credit sale transaction prior to debiting Nutrient Offset
Credits from the Nutrient Offset SCM ledger.
All credit and debit transactions for the Site under this Instrument shall be accurately depicted
in the credit ledger. The Sponsor shall submit an accurate and up-to-date credit ledger for the
Nutrient Offset SCM by the 10th of each month. At a minimum, DWR shall receive a hard copy of
the updated credit ledgers along with corresponding Nutrient Offset Credit Transfer Certificates
and all corresponding letters from designated local governments, DEMLR or DWR where
applicable once a year. Notification of all credit sales shall be provided to DWR until all credits
that have been released have been sold.
G. The Sponsor does not intend on selling Nutrient Offset Credits to satisfy Requests for Proposals
from the Division of Mitigation Services In -Lieu Fee program.
11

111j01K30 i 884
i, 2 ( ��CE
Nutrient Offset Credit Transfer Certificates
H. All credit sales will include a Nutrient Offset Credit Transfer Certificate ("Certificate") that is
required to be provided to the buyer of Nutrient Offset Credits, that will include, at a minimum,
the following information;
1. Bank Details: (1) Sponsor Name, (2) SCM Site name as it appears in Table 1.0 of this
Instrument and, (3) DWR project number for the SMP as it appears in Table 1.0 of this
Instrument.
2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, and (3- when
applicable) amount of Nitrogen Nutrient Offset Credits purchased in pounds (until DWR
transitions buyers and sellers of nutrient offset credits to units of pounds per year, at
which time the ledger should be modified to accommodate the new units) and
confirmation from the City or DWR of the amount required.
3. Permitted Project Details: (1) project name as it appears on DWR or local government
permits and/or certifications, (2) 8-digit HUC, (3) river basin, (4) nutrient strategy
applicable to the project with impacts, and (5 — when applicable) designated local
government (City) requiring Nutrient Offset Credits for this project.
I. If DWR determines the Bank is operating at a deficit (e.g. the Sponsor is closing on sales and/or
transferring credit that is not available), or the Bank is selling credits out of compliance with
statutes, rules or this Agreement, the sale/transfer of credits will immediately cease, and the
DWR, in consultation with the Sponsor, will determine what remedial actions are necessary.
X. BANKCLOSURE
A. Site Bank Closure shall be identified as the event when there are no Nitrogen Nutrient Offset
Credits left to be released by DWR or sold by the Sponsor and when expectations outlined in
this Instrument have been achieved. At the time of the Bank Closure, the Sponsor is not
relieved of maintenance responsibilities and the financial assurances associated with required
maintenance.
B. Nutrient Offset SCM Bank Closure shall commence only after all credits have been released by
DWR and fully debited in compliance with this Instrument and updated ledgers showing zero
credit balances have been submitted and approved by DWR.
C. Nutrient Offset SCM Bank Closure shall commence only after:
1. The Memorandum of Agreement described in Item F of Section VI has been signed by all
parties and recorded with the maintenance and access easements for the Nutrient
Offset SCM.
2. 0&M Agreement referenced in Section VI has been recorded with the Wilson County
Register of Deeds, along with the access and maintenance easements as detailed in
Section VI.
3. All five (5) Inspection and Maintenance Reports referenced in Section VI have been
submitted and approved by DWR.
12

Y1 "3021 IAH885
D. Operation and Maintenance Inspections must be performed in perpetuity, as detailed in
Section VI, C. and D., and all records shall be kept by the Sponsor and be made available to
DWR upon request. Records kept for purposes of complying with this Instrument, an O&M
Agreement, or MOA shall not be part of any records retention policy by the City or Sponsor.
XI. GENERAL PROVISIONS
A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor
shall grant permission to the Director of DWR, or an authorized representative of the Director of
DWR to enter the property containing the Nutrient Offset SCM.
B. Amendments: This Banking Instrument may be amended or modified only with written approval
of all signatory parties.
C. Any transfer of the Sponsor's rights or obligations outlined in this Instrument, or any other
agreement referenced in this Instrument to a third party must be approved by DWR prior to the
transfer. Any third party must be affiliated with the City.
D. Force Majeure: If an event occurs before 100% of all the credits have been released in
accordance with the credit release schedule in Section VIII, then the Sponsor shall take remedial
action to restore the property to its condition prior to the event, in a manner sufficient to
provide adequate nutrient offset credits to cover credits that were sold prior to the occurrence
of the event. Such remedial action shall be taken by the Sponsor only to the extent necessary
and appropriate, as determined by DWR and the Sponsor.
E. Force Majeure: After 100% of all the credits have been released in accordance with the credit
release schedule in Section VIII, the Sponsor will be responsible for any Nutrient Offset SCM
failure that is attributed to natural catastrophes including but not limited to flood, drought,
disease, regional pest infestation, etc. Adequate funding and appropriate financial assurances
must be in place by the Sponsor to fund remedial actions necessary to restore the Nutrient
Offset SCM.
DWR must concur in writing that a force majeure event has occurred for this provision to apply.
F. Oversight: Actions taken by DWR may include, but are not limited to, the following:
1. Site visits,
2. Issuance of Plan Approval Letters,
3. SMP review and approval of items listed in Section V of this Instrument,
4. As -Built Report review and approval of items listed in Section VI of this Instrument,
5. Annual Inspection & Maintenance Report review and approval of items listen in Section
VI of this Instrument,
6. Credit Ledger review and approval of items listed in Section IX of this Instrument,
7. Certificate review of items listed in Section IX of this Instrument and cross analysis to
credit ledgers and,
8. Information requests, file reviews and audits.
13

3021 1E886
Reports, ledgers, files, and other information shall be made available to DWR upon request, unless
otherwise specified in this or any other document.
G. Validity of this Instrument: This Instrument will become valid on the date of the last party's
signature.
H. Specific Language of this Instrument Shall Be Controlling: To the extent that specific language in
this document changes, modifies, or deletes terms and conditions contained in those
documents that are incorporated into the Instrument by reference, and that are not legally
binding, the specific language within the Instrument shall be controlling.
I. Any disputes over decisions regarding this Instrument, shall be referred to the Director of DWR
for a decision. The Director's decision may be subject to review as provided in Articles 3 and 4 of
G.S. 150B.
J. This Agreement shall be binding upon the parties and their successors and is entered into
knowingly, intelligently, and voluntarily.
K. Notices: All Notices and other communication which may be or are required to be given or made
by any party to the other shall be in writing and shall be deemed to have been properly given
and received on the date delivered in person, received via email with a delivery receipt
requested, or deposited in the United States mail, registered or certified, return receipt
requested, to the addresses set out below or at such other addresses as specified by written
notice delivered in accordance herewith. Notification to DWR is required if the contact
information below changes.
If to Bank Sponsor: 112 Goldsboro St. E.
Wilson, NC 27894
Attn: City of Wilson Stormwater Manager
City of Wilson Stormwater Division
[e-mail]
If to DWR: NC Division of Water Resources — 401 & Buffer Permitting Branch
Attn: Nutrient Offset and Buffer Banking Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
14

(1 I
L. Applicable Law: This Agreement shall be construed under the laws of the State of North
Carolina.
CITY OF WILSON —STORMWATER DIVISION, NORTH CAROLINA
By: I Ir r; (Print)
(Signature)
Title: Dlfr " w eFytOli L+j6rk
Date: --44-' 2Z
CITY OF W ILSON — CITY COUNCIL REPRESENTATIVE, NORTH CAROLINA
By: Carlton L. Stevens (print)
? (Signature)
Title: Mayor, City of Wilson
Date: March 4, 2022
NORTH CAROLINA DEPARTMENT OFENVIRONMENTALQUALITY- DIVISION OF WATER RESOURCES
By: iol�Fr� Y�IJ .r6 (Print)
i
'j (Signature)
Title: rj, rr &obi
Date: G /'�" / J- )--
15

BOOK 3021 Lrcr888
r_74 5r_11541:I ,IQ irr_1
OPERATION & MAINTENANCE AGREEMENT
(with Appendix A & Appendix B)