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Home My WebLink About20221493 Ver 1_Credit Release Task 3_20240426DocuSign Envelope ID: 1644E73F-F6EF-422C-B4DC-EA40B64D3FBE ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Kevin Yates \f QUAMNa j NORTH CAROLINA Environmental Quality April 26, 2024 Clearwater Mitigation Solutions, LLC (via electronic mail: thamrick&ecomiti)zation.com ) Re: EMH Farm Mitigation Banking Instrument (MBI) EMH Farm Bank Parcel Credit Release — Task 3 Dear Mr. Yates, DWR Project #: 2022-1493vl Guilford County On August 17, 2023, the Division of Water Resources (DWR) received an As -Built Report from Clearwater Mitigation Solutions, LLC (CMS) for the EMH Farm Site. This report was determined to be incomplete, and a revised report was submitted to DWR on February 21, 2024, and included an updated Adaptive Management Plan (AMP). CMS provided documentation to DWR that the AMP, required by DWR after the site visit for the task 2 credit release, would be implemented in Q1 of 2024 with data included in the Year 2 monitoring report. This AMP would include a more substantial supplemental planting effort than was originally expected, and therefore CMS would need additional time to complete the AMP. By copy of this correspondence, DWR approves the attached AMP submitted for the site. Monitoring reports submitted without proof of implemented AMP actions, will be considered incomplete with credit releases held until documentation has been submitted to DWR and approved. According to the As -Built survey and corresponding project credits table submitted with the As -Built Report on February 21, 2024, there are slight adjustments in the total amounts of Riparian Buffer credits as compared to the approved Bank Parcel Development Package. The subject site has generated 676,473.201 ft2 of riparian buffer credits. DWR received a performance bond (#3803048) issued to Clearwater Mitigation Solutions, LLC from Great American Insurance Company, in the amount of $100,000, to cover monitoring and maintenance at the subject site. The term of this bond begins with this approval letter of Task 3 and ends with DWR approval of the Year 2 Monitoring Report. Future credit releases will be dependent on both the renewal of this performance bond and the annual monitoring reports. In accordance with the MBI, signed on April 21, 2023, the following Project Milestones have been partially 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 NoameMofouNa . 919.707.9000 aeparimeM M Envlrpnmental pual� DocuSign Envelope ID: 1644E73F-F6EF-422C-B4DC-EA40B64D3FBE EMH Farm Site Clearwater Mitigation Solutions April 26, 2024 Task/Milestones Credit 2) All Riparian Earthwork & Mitigation Activities, Planting and Installation of 0% Monitoring Devices completed, easement boundaries adequately marked, all Applicable permits obtained, site visit performed by DWR (18.5% was released on 61712023. The remaining 1.5% will be issued upon full implementation of the proposed AMP). 3) Monitoring Financial Assurance posted & approval of As -Built Report 10% TOTAL 10% By copy of this correspondence, DWR confirms that you have partially satisfied the above requirements for the above -referenced tract and the following credits are released and now available to sell: • 10% of the Randleman buffer Restoration, Enhancement and Preservation Credits (0.10 x 676,473.201 ft2 = 67,647.320 ft) minus 702.380 ft2 yields 66,944.940 ft2. Please note that the riparian buffer credits must be used for impacts in the Randleman Lake Watershed according to guidelines in the Consolidated Buffer Mitigation Rule, 15A NCAC 02B .0295, which became effective on November 1, 2015. Upon receiving this letter, update all credit ledgers accordingly. Feel free to contact Katie Merritt at katie.merritt&deq.nc.gov if you have any questions regarding this correspondence. Attachments: AMP cc:File Copy (Blake Hartshorn) Sincerely, DOCUSigned by: Stt plA a tAit, GbSS 755ABFOCD80B428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Page 2 of 2 DocuSign Envelope ID: 1644E73F-F6EF-422C-B4DC-EA40B64D3FBE Adaptive Management Plan — Planting Plan During a June 5, 2023 as -built site walk-through with NCDWR, three areas with visibly low stem density were delineated (Figure 2, Appendix A; NCDWR Correspondence, Appendix D). One area along the northwestern easement boundary was determined to have been missed during Site planting efforts and will require a supplemental planting effort. The other two areas, one along the easement boundaryjust north of feature E 2 and another along the right bank of UT 1, were characterized by dense herbaceous vegetation, making it difficult to assess stem density. Clearwater intended to replant all three areas prior to MY1 monitoring, however, during the Fall of 2023 and MY1, several additional areas of planted stem mortality were observed on -site. As such, Clearwater elected to hold off replanting until after MY1 measurements to use the MY1 data to pinpoint additional areas of planted stem mortality, likely due to the planting period and subsequent drought conditions. Supplemental planting is proposed for Q1 2024 that includes planting 6,070 bare -root stems across 10.55 acres. Vegetation transects will be performed in planted areas during MY2 monitoring to document sufficient planting. A figure is included on the following plage, depicting the supplemental planting areas totaling 10.55-acres and a plant species table is depicted below. 24" — 36" bare -roots are proposed to be planted which will allow for these trees to get above the fescue and increase survivability. Due to the size of the area proposed for supplemental planting (10.55 acres) Sycamores are proposed within the planting list at percentages comparable to originally approved BPDP, however efforts will be made to ensure Sycamores are not planted within the three transect areas noted, and efforts can be made to limit the number of Sycamores planted within the remaining areas. Additionally, efforts will be made to not plant Willow Oaks near Plot 2. Common Name * Scientific Name # of Planted Stems % of Total Planted Trees Canopy Type River birch Betula nigra 980 17.6 Canopy Tulip Poplar Liriodendron tulipifera 560 10 Canopy Red mulberry Morus rubra 280 5 Midstory Black willow Salix nigra 750 5 Midstory Sycamore Platanus occidentalis 980 17.6 Canopy Mockernut hickory Carya tomentoso 280 5 Canopy Swamp chestnut oak Quercus michauxii 560 10 Canopy Water oak Quercus nigra 560 10 Canopy Willow oak Quercus phellos 560 10 Canopy Shumard oak Quercus shumardii 280 5 Canopy American elm I Ulmus americana 280 5 Canopy Total 6,070 100 * 24-36" premium bare roots are proposed to increase survivability. As -Built and Baseline Monitoring Report EMH Farm Buffer Mitigation Bank Parcel Guilford County, North Carolina Appendices Clearwater Mitigation Solutions February 2024 DocuSign Envelope ID: 1644E73F-F6EF-422C-B4DC-EA40B64D3FBE