UMBI for PN_Neuse01

AGREEMENT TO ESTABLISH THE TERRA NEUSE 01 UMBRELLA MITIGATION BANKING
INSTRUMENT IN THE NEUSE RIVER BASIN FOR NUTRIENT OFFSET AND RIPARIAN BUFFER
MITIGATION CREDITS PURSUANT TO THE NEUSE RIVER BASIN NUTRIENT MANAGEMENT
I:1Ir.7_1101CYf
TABLE OF CONTENTS
I.
PREAMBLE...................................................................................................................................... 2
II.
LOCATION AND GEOGRAPHIC SERVICE AREA........................................................................... 2
III.
AUTHORITIES..................................................................................................................................
3
IV.
ESTABLISHMENT OF BANK PARCELS...........................................................................................
4
V.
PRE -CONSTRUCTION DOCUMENTATION...................................................................................
6
VI.
POST -CONSTRUCTION DOCUMENTATION.................................................................................
9
VII.
CALCULATIONS OF CREDITS.......................................................................................................
13
VIII.
CREDIT RELEASE SCHEDULE.......................................................................................................
15
IX.
PROCEDURE FOR CREDITING AND DEBITING..........................................................................
16
X.
BANK PARCEL CLOSURE..............................................................................................................
18
XI.
GENERAL PROVISIONS................................................................................................................
19
ATTACHMENTS
A. Division of Water Resources Authority Document
B. Ledger (template)
C. Project Credit Table (example)
REFERENCES
1. Nutrient Offset Credit Trading Rule:
http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20guality/chapter%2002%20-
20environmental%20manaRement/subchapter%20b/15a%20ncac%2002b%20.0703.Ddf
2. Riparian Buffer Mitigation Rule:
http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20guality/chapter%2002%20-
%20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0295.pdf
3. NC Session Law 2019- 86" Nutrient Offset Credits":
https://ncleg.gov/Enactedlegislation/Sessionlaws/HTML/2019-2020/SL2019-86.html
4. Buffer Interpretation/ Clarification# 2008- 019 for diffuse flow:
https://deg.nc.gov/media/4742/download
5. Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits
(November 2019):
https://deg.nc.gov/media/15043/download
6. NCDWR - Methodology and Calculations for Nutrient Reductions on the Bank Parcel:
https://files.nc.gov/ncdeq/Water/20QualitV/Planning/NPU/Nutrient%2OOffset/2ORule/Ag-
Buffer-Credit.Ddf
1

I. PREAMBLE
This Umbrella Mitigation Banking Instrument ("Instrument") regarding the establishment, use,
operation, and maintenance of Nutrient Offset and Buffer Mitigation Bank Parcels ("Bank Parcel") is to
provide Neuse Riparian Buffer mitigation credit ("Riparian Buffer Credits") and Neuse Nutrient Strategy
nutrient load reduction credit ("Nutrient Offset Credits") is made and entered into by and among Terra
2023, LLC, a disregarded entity of Eco Terra, LLC, a Georgia Limited Liability Company with further
registration with North Carolina Secretary of State, acting as the Bank Sponsor ("Sponsor"), and the
North Carolina Department of Environmental Quality — Division of Water Resources ("DWR"). This
Instrument is in accordance with 15A NCAC 02B .0703 and 15A NCAC 02B .0295, which became effective
on April 1, 2020, and November 1, 2015, respectively (Reference Numbers 1 and 2).
The purpose of each Bank Parcel is:
A. To restore, enhance, and preserve riparian vegetation adjacent to streams, ephemeral channels,
and/or agricultural ditches with the intent to improve water quality, reduce nutrient loads,
enhance flood attenuation, and restore wildlife habitat along unnamed tributaries and ditches
within the Neuse River Basin.
B. To convert agricultural land uses within riparian areas adjacent to streams, ephemeral channels,
and/or agricultural ditches into a dense and diverse hardwood vegetated state with the intent
to significantly reduce nutrient loadings associated with agricultural practices into streams and
ditches.
C. To provide buffer mitigation and nutrient offsets and sell any resulting Riparian Buffer Credits
and/or Nutrient Offset Credits to third parties in specific areas within the Neuse River Basin for
development (both existing and proposed) or to offset NPDES-permitted wastewater nutrient
sources, requiring such mitigation or offset.
II. LOCATION AND GEOGRAPHIC SERVICE AREA
A. The Geographic Service Area ("GSA") is the designated area wherein a Bank Parcel can sell
Riparian Buffer Credits and/or Nutrient Offset Credits for authorized impacts due to
development activities.
B. The GSA for the Bank Parcels under this Instrument is limited to the Neuse River Basin in the
State of North Carolina, United States Geological Survey ("USGS") 8-digit Hydrologic Unit Code
("HUC) 03020201, excluding the Falls Lake Watershed.
C. Sale or transfer of Riparian Buffer Credits shall be limited to the 8-digit HUC 03020201 in the
Neuse River Basin, excluding the Falls Lake Watershed, unless otherwise authorized by the DWR
or delegated local government in accordance with 15A NCAC 02B .0295.
D. Sale or transfer of Nutrient Offset Credits shall be limited to the 8-digit HUC 03020201 in the
Neuse River Basin, excluding the Falls Lake Watershed, in accordance with 15A NCAC 02B .0703,
unless otherwise authorized by the DWR in accordance with Session Law 2019-86 for NPDES-
permitted wastewater nutrient sources.
N

E. Table 1.0 below provides site -specific details of the Bank Parcels proposed under this
Instrument, which are within the Neuse River Basin (8-digit HUC 03020201) and not within the
Falls Lake Watershed.
Table 1.0 — Site Specific Details
Bank Parcel
Named
Name/DWR
County
8-digit USGS
Project Location
Receiving
Primary Land
HUC
(Lat., Long.)
Use/s
Project #
Stream
New Farm
Wayne
Neuse
35.220386,
Thoroughfare
Agriculture
2023-0137v2
03020201
-78.192267
Swamp
Little Timber
Neuse
35.257439,
Thoroughfare
Wayne
Agriculture
2023-0135v2
03020201
-78.100931
Swamp
Acorn
Neuse
35.268591,
Thoroughfare
Wayne
Agriculture
2023-0960v2
03020201
-78.125426
Swamp
Horseshoe
Neuse
35.215593,
Thoroughfare
Wayne
Agriculture
2023-0136v2
03020201
-78.141076
Swamp
III. AUTHORITIES
A. The Bank Parcels will be used to provide Riparian Buffer Credit and/or Nutrient Offset Credit in
accordance with the requirements in the DWR Authority document referenced herein as
"Attachment A" and attached to this Instrument.
B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Attachment A and any new approved North Carolina ("State") statutes and
rules for the Neuse Nutrient Sensitive Waters Management Strategy.
C. The selling of credits generated from the Bank Parcels approved under this Instrument, shall be
consistent with approved State statutes and rules for the Neuse Nutrient Sensitive Waters
Management Strategy.
D. Buffer mitigation and nutrient reduction activities proposed under this Instrument and
corresponding Nutrient Offset and Buffer Mitigation Plans ("Plan") to generate Riparian Buffer
Credits and 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 Plans
have been approved in writing by DWR.
t]

IV. ESTABLISHMENT OF BANK PARCELS
A. In accordance with 15A NCAC 02B .0295 and 15A NCAC 02B .0703, DWR has provided a " Site
Viability Letter" for each of the Bank Parcels proposed under this Instrument. The site viability
letter is not an approval of the site to generate Riparian Buffer Credits and Nutrient Offset
Credits but is a preliminary review of the Bank Parcel that details and confirms existing land -use
conditions, defines the riparian sites (Enhancement, Preservation, or Restoration), and identifies
features (streams, ephemeral channels, ditches, ponds, etc.) that meet general criteria to be
suitable to generate Riparian Buffer Credits and Nutrient Offset Credits. Table 2.0 below outlines
when a Site Viability Letter was issued by DWR for the Bank Parcels proposed under this
Instrument.
Table 2.0 — Site Viability Letter Details
Bank Parcel
Name
DWR Site Evaluation
Viability Letter Issued
Viability Letter Expires
New Farm
August 8, 2023
October 24, 2023
October 24, 2025
Little Timber
August 9, 2023
October 24, 2023
October 24, 2025
Acorn
August 8, 2023
December 11, 2023
December 11, 2025
Horseshoe
August 9, 2023
February 8, 2024
February 8, 2026
B. A valid Site Viability Letter is required prior to the submittal of each Plan. Site Viability Letters
will either expire on the dates listed in the letter or upon the submittal of an individual As -Built
Report to the DWR, whichever comes first. If a Site Viability Letter expires prior to the submittal
of a complete Plan as described in Section V to DWR, then the Sponsor must submit a formal
request to DWR for a new Site Viability Letter for that Bank Parcel.
C. The Bank Parcels proposed for inclusion under this Instrument shall each require a Plan to be
submitted to and approved by the DWR prior to the use of the Bank Parcels for buffer mitigation
or nutrient offset purposes or the sale or transfer of any associated credits. The contents of the
Plan are provided in Section V.
D. Any Plans submitted under this Instrument will be placed on public notice and made available
for public comment for 15 calendar days unless otherwise noted in a Compliance Action Plan
approved by DWR.
E. Riparian Buffer Credit on the Bank Parcels may be achieved through riparian buffer restoration
or enhancement as described in 15A NCAC 02B .0295 (n) or through alternative buffer
mitigation options described in 15A NCAC 02B .0295 (o). DWR riparian buffers are defined in
15A NCAC 02B .0714. Other riparian areas that are not defined as a Neuse buffer are allowed to
be restored, enhanced, or preserved as allowed per 15A NCAC 02B .0295 (n) and (o) where
applicable. Riparian Buffer Credits are only attainable if the width of the riparian areas are at
least 20 feet from tops of banks along viable streams/ephemeral channels and at least 30 feet
from top of banks along viable ditches when measuring perpendicular and landward from
21

features. Riparian Buffer Credits are attainable up to 200 feet from tops of banks of streams and
ephemeral channels and a maximum of 50 feet from tops of banks of viable ditches. The viability
of features to generate Riparian Buffer Credit is provided in the Site Viability Letters for the Bank
Parcels and referenced in Table 2.0 of this Instrument.
Bank Parcels providing Neuse Riparian Buffer Credits under this Instrument will meet the
functional criteria below in addition to other requirements identified in Sections I -XI and 15A
NCAC 02B .0295:
1. Protecting the site's nutrient removal and other water quality functions in perpetuity by
placing a perpetual conservation easement around water quality features (streams,
ephemeral channels, ditches, etc.) and adjacent riparian areas in accordance with 15A
NCAC 026 .0295 (1)(2)(A).
2. Planting hardwood trees or trees and shrubs on a Restoration or Enhancement Site as
defined in 15A NCAC 02B .0295 (b) adjacent to viable streams, ephemerals, and/or
ditches. Tree plantings must start along the tops of banks and end at a maximum of 200
feet from the features.
3. Maintaining a Preservation Site, as defined in 15A NCAC 02B .0295(b) by placing a
conservation easement around riparian areas along streams and/or ephemeral channels
as allowed per 15 NCAC 02B .0295(o)
4. Addressing all content and procedural requirements for any proposals relating to
alternative buffer mitigation options in accordance with 15A NCAC 02B .0295 (o)
5. Maintaining diffused flow onsite in accordance with 15A NCAC 02B .0295 (1)(3). The
Buffer Interpretation/Clarification Memo #2008-019 may be applied where
maintenance of diffuse flow onsite is unattainable, see reference 4. Where applicable,
performing minor bank stabilization and grading where bank stability is compromised
and where erosional rills, sink holes and gullies are observed.
G. Nutrient Offset Credit on the Bank Parcels may be achieved through restoring and/or enhancing
the Neuse buffer as defined in 15A NCAC 02B .0714 and as described in 15A NCAC 02B .0295 (n)
adjacent to viable streams where agriculture is the predominant land use as determined by
DWR. Other riparian areas that are not defined as a Neuse buffer, such as those adjacent to
viable ephemeral channels, viable agricultural ditches and certain streams, and where DWR has
determined that agriculture is the predominant land use within the riparian area, are allowed to
be restored or enhanced as those terms are defined in 15A NCAC 02B .0295 (b) and described in
15A NCAC 02B .0295 (n). Nutrient Offset Credits are only attainable if the width of the restored
and enhanced riparian areas are at least fifty (50) feet as measured perpendicular and landward
from tops of banks along viable streams, viable ephemeral channels and viable ditches. On the
Bank Parcels, the width of the riparian restoration or enhancement area will begin at the top of
bank or the rooted herbaceous vegetation and extend landward a minimum of 50 feet and a
maximum of 200 feet on all sides of the viable features. A conservation easement will be
secured to include the top of banks along all channels and will extend out a minimum of 50 feet
and a maximum of 200 feet. The viability of features to generate nutrient offset credits is
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provided in the Site Viability Letters for the Bank Parcels referenced in Table 2.0 of this
Instrument.
H. Bank Parcels providing Nutrient Offset Credits under this Instrument will meet the functional
criteria below in addition to other requirements identified in Sections I -XI and 15A NCAC 02B
.0703:
Converting agricultural land uses within riparian areas to non-agricultural land uses by
placing a perpetual conservation easement around riparian areas along viable ditches,
viable streams, and/or ephemeral channels in accordance with 15A NCAC 02B .0703 (g).
To address 15A NCAC 02B .0703 (e)(2)(D), agricultural land uses must be present within
riparian areas at any time during the baseline period (1991-1995) of the Neuse Nutrient
Management Strategy and still be in agriculture upon issuance of a Site Viability Letter.
2. Converting agricultural land uses within riparian areas into a dense and diverse wooded
forest by planting hardwood trees or trees and shrubs on a Restoration Site and/or
Enhancement Site as defined in 15A NCAC 02B .0295 (b) and described in 15A NCAC 02B
.0295 (n). Tree plantings must start along the tops of banks and end at a maximum of
200 feet from the features.
Significantly reduce nutrient loading into onsite drainage features (ditches, streams
and/or ephemeral channels) within the conservation easement boundary that are
caused by non -diffused and concentrated flows of stormwater runoff and sediment
loading. Where determined by DWR to be necessary, the Sponsor must plant and
maintain a stable, dense, and diverse herbaceous riparian area of annual and perennial
grasses and pollinator herbs, perform minor bank stabilization efforts where bank
stability is compromised, and perform stabilization measures where active erosion, sink
holes and/or gullies are observed.
I. The total area of riparian restoration activities on the New Farm, Little Timber, Acorn, Sweet
Potato, and Horseshoe Bank Parcels are shown below.
New Farm: 10.936 acres
Little Timber: 5.564 acres
Acorn: 6.699 acres
Horseshoe: 8.217 acres
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Nutrient Offset and Buffer Mitigation Plan
A. A Nutrient Offset and Buffer Mitigation Plan ("Plan") must be submitted for each Bank Parcel
under this Instrument to DWR for review and must be approved by DWR prior to any
construction or land disturbance on the corresponding Bank Parcel. The Plan must describe any
changes that have occurred to the site between the date of the Site Viability Letter and the date
the Plan is submitted to DWR. The Plan shall include detailed information consistent with the
sections below concerning: 1) site location (8-digit HUC is required); 2) existing conditions with
[1

current photos; 3) proposed nutrient offset and buffer mitigation activities including detailed
vegetation plan; 4) monitoring and maintenance plans; 5) type and amount of financial
assurances intending to secure; 6) a Project Credit Table (see Attachment C) showing associated
buffer mitigation/nutrient offset credit calculations, which shall include credit generation,
service area, and accounting as appropriate for each regulatory authority; and 7) stream
determination letter from DWR; 8) Site Viability Letter from DWR, 9) service area figure for each
mitigation type proposed under this Instrument; and 10) all pertinent information including but
not limited to necessary permitting, bank stabilization, culvert removal, installation or removal
of any utilities indirectly or directly affecting the Bank Parcel, site constraints, existing permits or
easements associated with the property, endangered or threatened species, presence of
historical sites and an Environmental Data Resources (EDR) report to evaluate environmental
risk associated with the land proposed for the Bank Parcel.
B. The Sponsor will obtain all applicable federal, state, and local documentation, permits, or
authorizations needed to construct and maintain the Bank Parcel. This Instrument does not
qualify as, or substitute for such documentation, permit, or authorization.
C. Once DWR finalizes the review of a complete Plan, DWR will issue a written letter to the Sponsor
documenting the formal approval of the Plan. Any activities that result in changes in land uses
on the proposed Bank Parcel that are conducted within stream channels, riparian buffers,
and/or other riparian areas prior to receiving the formal approval letter from DWR will result in
a revised or reduced credit release schedule or a denial of the Bank Parcel to generate buffer
mitigation and/or nutrient offsets.
D. Requests for deviation from the approved Plan must be submitted to DWR in writing for review.
Written approval from the DWR must be received prior to implementing any deviation from the
approved Plan.
Property Disposition & Long -Term Management
E. Prior to the release of any credits, the Sponsor shall record a permanent conservation easement
at the appropriate county Register of Deed's office that is sufficient to ensure the protection,
operation, and maintenance of riparian buffers and other riparian areas in perpetuity. It is the
Sponsor's responsibility to ensure that the property title for the property within the proposed
conservation easement is free from liens, encroachments, disputes, or other easements.
F. The form of the conservation easement shall be consistent with the standards employed by the
State of North Carolina in the protection of restored riparian buffers and riparian areas and shall
be approved by the DWR prior to the release of any credits.
G. 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.
H. The Sponsor agrees to transfer or assign the conservation easement and its interests in
perpetuity to a qualified holder under NC General Statute ("GS") 121-34 et seq. and 170(h) of
the Internal Revenue Code prior to the submittal of the Year 4 Monitoring Report. The holder
shall be a land trust or stewardship program that will hold and enforce the conservation
easement and the interests in perpetuity. The Sponsor shall choose a land trust or stewardship
VA

program that is accredited by the Land Trust Accreditation Commission and/or has been
approved by DWR. A land trust must be certified under 501(c)(3) of the Internal Revenue Code.
In the event, the Sponsor is also the owner of the underlying fee interest in the property, the
conveyance of the conservation easement to a land trust or stewardship fund must be arranged
at the outset of the approved Plan.
Financial Assurances for Bank Parcel Development
J. Following DWR approval of a Plan and before the release of any credits, the Sponsor shall
provide a Performance/Maintenance Bond for the Bank Parcel, from a surety company that is
rated no less than an "A-" as rated by A. M. Best, to construct the Bank Parcel, in its entirety,
according to the approved Plan. It is the Sponsor's responsibility to confirm that the surety
company is rated no less than an "A-" with each annual bond renewal.
K. The amount of the Performance Bond/s for the Bank Parcel shall be 100% of the estimated cost
for implementation of the riparian restoration and other related activities for the construction
of the Bank Parcel as described in the approved Plan. No bond shall be less than $150,000.00 to
cover construction costs. Each Bank Parcel will be bonded individually.
L. Alternatively, in lieu of posting Performance Bonds, the Sponsor may elect to construct the Bank
Parcel, in its entirety and in accordance with the approved Plan, prior to the first credit release.
M. For each Bank Parcel, once DWR has released all credits for completion of all Tasks below as
described in Section VIII of this Instrument, then the Sponsor will be released from its
performance obligations under the applicable performance bond required in Item J and K of this
section:
1. Task 1: Instrument and Plan Approved by DWR, Conservation Easement Recorded,
Financial Assurance Posted;
2. Task 2: On -site inspection of post -construction site conditions is performed by DWR
confirming all activities per the approved Plan have been completed; and;
Task 3: As -Built Report, as described in Section VI, has been received by DWR; and DWR
has submitted a written approval of the As -Built Report
N. To comply with this section, DWR must be the Obligee on all performance bonds.
EV

VI. POST -CONSTRUCTION DOCUMENTATION FOR EACH BANK PARCEL
Post -Construction Inspection and Notification
A. The Sponsor agrees to perform all necessary work in accordance with the provisions of this
Instrument and corresponding Plan to establish, maintain, and monitor Neuse Riparian Buffers
or other riparian areas until Items B (1) and B (2) of Section X have been satisfied.
B. Within 30 calendar days after completing the mitigated activities listed below, the Sponsor will
submit written notification to DWR requesting a site visit to inspect the post -construction site
conditions of the Bank Parcel.
1. All planting and seeding is completed per the approved Plan
All easement boundaries and corners are adequately marked and include appropriate
signage per the approved Plan
3. All fixed monitoring plots are installed per the approved Plan
4. If applicable, all cattle exclusion fencing is installed per the approved Plan. If the
Sponsor experiences delays with completing fencing, the Sponsor may request DWR
consider evaluating the Bank Parcel without the fencing installed. No credit release will
be issued until fencing is completed per the approved Plan and evaluated by DWR.
If applicable, all culverts are removed, banks stabilized, and erosion measures are
completed per the approved Plan
C. Failure to submit the written notification described in Item B of this section within 30 calendar
days may result in a modified credit release schedule or a delay in the issuance of credit
releases. Written notification shall include either the As -Built Report noted in Item D of this
section or all the following:
1. Short summary of all activities completed as required per the approved Plan;
2. Georeferenced figure representing all riparian restoration, riparian enhancement and
riparian preservation activities where applicable;
3. Georeferenced figure representing the location of all monitoring plots installed;
4. Detailed planting plan including the type of species planted, the density of species
planted, and any modifications to the planting plan from what was approved in the Plan;
5. Description of how the conservation easement boundaries were marked;
6. Any major changes to the conservation easement boundary from what was proposed in
the approved Plan.
We

As -Built Report
D. The Sponsor will submit an As -built Report for each Bank Parcel separately and after completing
the mitigated activities and establishment of the nutrient offset and buffer mitigation credit
areas per the approved plan. Each As -built Report will be submitted to DWR and will document
all the following:
1. All activities completed that are associated with riparian restoration, enhancement,
and/or preservation, including planting details, invasive species control, confirmation of
fence installation if applicable, cattle exclusions if applicable, confirmation that all
easement boundary markers are installed, monitoring vegetation plot and photo point
locations well marked, and all seeding, grading and stabilization efforts where necessary
are completed.
2. Site visit notes documenting the evaluation of post -construction site conditions
performed by DWR per Item B and Item C of this section. If DWR required remedial
work or other items to be completed after inspecting the post -construction site
conditions of the Bank Parcel, then the Sponsor is required to address these items in the
As -Built Report and document a timeline for completion.
3. Boundary Survey of the conservation easement area signed and sealed by a licensed
surveyor, including an inventory of the final areas for Riparian Buffer Credits and
Nutrient Offset Credits in square feet. The survey must depict square feet according to
the guidelines in the Clarified Procedures for Calculating Buffer Mitigation Credits and
Nutrient Offset Credits document (reference #5). Therefore, the square footage of all
buffer and nutrient offset areas must be depicted out to the nearest whole number and
must match the Project Credit Table and corresponding Credit generation figures from
the approved Plan. All non-credit generating areas must also be depicted per the
approved Plan.
4. As -Built maps depicting specific mitigation types and where the riparian buffer and
nutrient offset credit generation areas are located. Maps must depict any deviations to
the Bank Parcel from what was approved in the Plan. As -Built maps must match the
signed and sealed boundary survey and must depict buffer and nutrient offset credit
areas out to the nearest whole number. Non-credit generating areas must also be
depicted per the approved Plan.
Financial Assurance for Bank Parcel Monitoring
E. After the Sponsor submits the As -Built Report for the Bank Parcel, a separate
Performance/Maintenance Bond for the Bank Parcel will be secured for 100% of the estimated
cost to implement the monitoring and maintenance plan as described in the approved Plan and
As -Built Report for the site. The Bond must be from a surety company that is rated no less than
an "A-" as rated by A. M. Best, and it is the Sponsor's responsibility to confirm that the surety
company is still rated no less than an "A-" with each annual bond renewal.
0t17

Each Performance/Maintenance Bond for a Bank Parcel shall be secured each year for a
minimum of five years and until DWR has released all Riparian Buffer and/or Nutrient Offset
Credits to the Sponsor. Upon DWR approval, the bond may be lowered each year based on the
adjusted cost to complete the monitoring. No bond shall be less than $100,000 to cover
monitoring and maintenance costs initially.
G. Once DWR has released 100% of all credits for completion of all Bank Parcel milestones
described in Table 3 of Section VIII and in the corresponding Plan, the Sponsor will be released
from its performance obligations under the performance bond required in "E and F" of this
Section.
H. To comply with this section, DWR must be the Obligee on all performance bonds.
Performance Standards and Mon
I. The Sponsor shall monitor each Bank Parcel, in its entirety, as described in the Plan until such
time as DWR determines that the performance standards described below have been met. The
monitoring period shall be a minimum of five consecutive years for each Bank Parcel.
J. Performance Standards for Vegetation: Native hardwood trees or native hardwood trees and
shrub species should be planted at a density sufficient to provide 260 stems per acre after five
years. A minimum of four (4) native hardwood trees or four (4) native hardwood trees and shrub
species must be planted. No one species shall be greater than 50% of the planted stems. A list of
species for planting will be detailed in the Plan for approval. Native hardwood tree volunteer
species may be included to meet performance standards as determined by the DWR.
K. A "stem" means a woody seedling, sapling, shrub, or tree, no less than 10 centimeters in height,
and shall apply, on the Bank Parcels, as the minimum height that a planted tree or shrub shall be
at initial planting. Volunteer stems that are less than 10 centimeters shall not be quantified and
included in the annual vegetation data included with the monitoring reports.
L. If the performance standards of the vegetation are not met for an individual Bank Parcel,
supplemental plantings may be required. Supplemental plantings will be utilized until the
required densities have been achieved and maintained for five years. Bank Parcel maintenance,
such as ensuring diffuse flow, managing invasive species, and pest control will be included in the
monitoring report.
11

M. The Sponsor shall submit to the DWR a Monitoring Report each year for at least five consecutive
years for each Bank Parcel under this Instrument. Reports are to be submitted no later than
December 31" of each year. The first annual monitoring report shall be submitted no earlier
than 5 months after the initial planting has been completed. The Monitoring Reports will
document the performance of the Bank Parcel per the approved Plan and Instrument.
Reporting criteria of the vegetation shall be based on the Carolina Vegetation Survey (CVS) —
EEP Protocol for Recording Vegetation Level 2 Plot Sampling only version 4.0 or similar protocol
in place at the date of acceptance of each Plan. Vegetation data shall not be collected prior to
August 25 of each year. The report will describe the site conditions of the Bank Parcel, including
an evaluation of the performance standards of the vegetation listed within the approved As -
Built Report. Reports shall contain the following:
1. A detailed narrative with supporting photos summarizing the condition of the Bank
Parcel along with any maintenance or remediation performed that year; and
2. A U.S. Geological Survey map showing the location of the Bank Parcel;
3. A map, survey, or other figure showing location of sampling plots, permanent photo
points, location of transects, etc.; and
4. Monitoring data, including specific vegetative counts and height data (when applicable
per the approved Plan) showing that the trees or tree and shrub species planted are of
good vigor and are meeting performance standards.
5. Proof of performance bond renewal to cover the next monitoring year (when
applicable).
6. A visual boundary inspection noting any encroachments or other issues within the
boundary of the conservation easement. Encroachments are defined as anything that
results in a violation of the restricted activities of the conservation easement and/or
approved Plan. Include all correspondence between the Sponsor and the parties
affiliated with the encroachment. Encroachments of any kind and size must be
documented in the report and addressed by the Sponsor.
Contingency Plans/Remedial Actions
N. In the event, the Bank Parcel fails to achieve the success criteria described in this Instrument,
and the approved Plan, the Bank Sponsor shall develop necessary contingency plans in
coordination with the DWR and implement appropriate remedial actions for the Bank Parcel and
the Bank. Depending on the degree of remedial actions required, the DWR may modify the
monitoring period.
O. DWR will issue a formal written letter to the Sponsor when all monitoring expectations have
been fulfilled according to this Instrument, the approved Plan, and the approved As -Built
Report. This letter will identify all remaining tasks that have been completed per the credit
release schedule in Section VIII of this Instrument and will acknowledge that monitoring of the
Bank Parcel is no longer required.
0W)

VII. CALCULATION OF CREDITS
Riparian Buffer Credits
A. All Riparian Buffer Credits shall be determined based on the ratios and percentages provided in
15A BCAC 02B .0295 (m) and (n) following guidance provided in the Clarified Procedures for
Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by DWR (see
reference #5) including the most recent Project Credit Table template (see Appendix C) provided
online.
B. Riparian restoration sites and enhancement sites on a Bank Parcel, as described in 15A NCAC
02B .0295 (n) and defined in 15A NCAC 02B .0295 (b) that is performed on agricultural lands
within the Bank Parcel, may be used for either Riparian Buffer Credit or Nutrient Offset Credit,
but not both.
C. Riparian preservation sites on a Bank Parcel, as described in 15A NCAC 02B .0295 (o) and
defined in 15A NCAC 02B .0295 (b) can be used for Riparian Buffer Credit but not for Nutrient
Offset Credit.
D. Riparian enhancement of grazing areas adjacent to streams on a Bank Parcel covered under this
Instrument, as described in 15A NCAC 02B .0295 (o)(6) can be used for Riparian Buffer Credit but
not for Nutrient Offset Credit.
Riparian Buffer Credit is defined as one (1) buffer credit per square foot or 43,560 buffer credits
per one (1) acre.
Nutrient Offset Credits
The square footage of Nutrient Offset Credits on Bank Parcels proposed under this Instrument is
determined by applying the applicable ratio as provided in 15A NCAC 02B .0295(m) for a
Restoration Site and Enhancement Site defined in 15A NCAC .0295 (b) and described in 15A
NCAC 02B .0295 (n) and following the guidance provided in the Clarified Procedures for
Calculating Buffer Mitigation Credits and Nutrient Offset Credits issued by the DWR, including
the most recent Project Credit Table Template provided online (see references 5 and
Attachment C respectively). All riparian areas proposed for Nutrient Offset Credits must be a
minimum of fifty (50) feet from the top of the banks along viable streams and viable ditches on
land noted in a Site Viability Letter as agriculture.
G. Nutrient Abatement of Restored or Enhanced Riparian Area/ Buffers on Agricultural lands: The
Sponsor and DWR agree to the following:
1. The pounds of nitrogen offset per acre of restored riparian areas/ buffers shall be
2,273.02 pounds per acre for 30 years. The Nitrogen Offset Credit Conversion Ratio, to
simplify the conversion of buffer mitigation credits (square feet) into nutrient offset
credits (pounds), is 19.16394 square feet per pound. Nutrient Offset Credits generated
by Bank Parcels under this Instrument for a Restoration Site will be released in the unit
"pounds" and are considered "term nutrient offset credits" per 15A NCAC 02B .0703
(d)(8)•
13

The pounds of nitrogen offset per acre of enhanced riparian areas/ buffers shall be
1,136.51 pounds per acre for 30 years. The Nitrogen Offset Credit Conversion Ratio, to
simplify the conversion of buffer mitigation credits (square feet) into nutrient offset
credits (pounds), is 9.58197 square feet per pound. Nutrient Offset Credits generated
by Bank Parcels under this Instrument for an Enhancement Site will be released in the
unit "pounds" and are considered "term nutrient offset credits" per 15A NCAC 02B
.0703 (d)(8).
Per 15A NCAC 02B .0703 (d)(8), "Other nutrient offset credits... shall be considered term
credits and may be transferred between term and permanent ledgers at a ratio of 30
years of term nutrient offset credit to one permanent nutrient offset credit". The
procedure for reclassifying a term credit to a permanent credit is further outlined in
Section IX.
H. The Sponsor and DWR agree that the methodology and calculations for determining nitrogen
reduction associated with the restoration and enhancement of riparian areas on the Bank
Parcels, as described in Section IV of this Instrument, shall be fixed as part of the approval of this
Instrument, with the fixed amount not changing during the Bank Parcel Development or credit
release schedule for the Bank Parcel unless the viability letter for that Bank Parcel has expired
and DWR has not approved a Plan. For further details on the approved method and calculations
for determining nutrient reductions associated with the riparian restoration on this Bank Parcel,
refer to the NCDWR — Methodology & Calculations for Nutrient Reductions on the Bank Parcel
documents found in reference 6.
This space is intentionally left blank, do not add text to this space.

VIII. CREDIT RELEASE SCHEDULE
A. In general, upon the 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 Bank Parcels under this Instrument will become available to sell to a third party in
accordance with a Credit Release Schedule similar to that which is provided in Table 3.0 below:
Table 3.0 — Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
Task
Project Milestone
% Credit Available
for Sale
1
Instrument and Plan Approved by DWR, Conservation Easement Recorded*, Financial Assurance
Posted
20
2
On -site inspection of post -construction site conditions performed by DWR confirming all activities
per the approved Plan have been completed
20
3
Approval of As -Built Report and Monitoring Financial Assurance Posted
10
4
Monitoring Report #1: Approved by the DWR** & financial assurance renewed
10
5
Monitoring Report #2: Approved by the DWR** & financial assurance renewed
10
6
Monitoring Report #3: Approved by the DWR** & financial assurance renewed
10
7
Item B (1) of Section X in this Instrument has been completed and approved by DWR.
5
No remaining credits will be released until Task 7 has been satisfied, assigning the conservation easement to an approved land trust or
long-term steward.
8
Monitoring Report #4: Approved by the DWR** & financial assurance renewed
5
9
Monitoring Report #5: Approved by the DWR** and final site visit by DWR has been conducted
10
Total
100%
*For specification, please see Section V in this Instrument
**DWR Approval is provided upon a determination that the site is meeting success criteria contained within the
approved Plan
B. Upon receiving approval by DWR of completed project milestones, the Sponsor will submit a
formal written credit release request to DWR documenting the specific Task/s for which a credit
release is being requested. The credit release request will document the credit types and credit
amounts that the Sponsor is expecting DWR to release.
C. When DWR approves the credit release request from the Sponsor, DWR will issue a formal
written credit release letter. The letter will detail the specific project milestones that are
completed for the applicable task, as well as the credit types and credit amounts being released.
Once DWR issues the credit release letter, the Sponsor shall update the credit ledgers
accordingly.
D. DWR may modify the credit release schedule 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.
Any major deviations to the Bank Parcel that were 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.
0161

IX. PROCEDURE FOR CREDITING AND DEBITING
Credit Ledgers
A. The Sponsor shall maintain one credit ledger for each mitigation type for each Bank Parcel
proposed under this Instrument unless otherwise instructed by DWR in the approved Plan: Each
Bank Parcel will have a separate credit ledger. Credit ledgers shall provide the accounting for
Riparian Buffer Credits in square feet and Nutrient Offset Credits in pounds and square feet.
B. Each credit ledger shall be submitted on a separate 8.5-in X 11-in spreadsheet with a legible font
style and font size. All ledgers shall be submitted using the templates provided in Attachment B
of this Instrument or any updated versions of these templates as provided by DWR. All credits,
whether it be in square feet or pounds, shall be depicted on the ledgers out to the thousandths
decimal place (i.e. 1.000) and rounded according to the Clarified Procedures for Calculating
Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR, see reference 5.
Credit Processing
C. Credits must be calculated for each Bank Parcel using the most recent Project Credit Table
template, see Attachment C, which is referenced in the guidance provided in the Clarified
Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by
the DWR, see reference 5.
D. Riparian Buffer Credits generated on the Bank Parcel will be used to provide mitigation for
authorized buffer impacts within the 8-digit HUC 03020201 in the Neuse River Basin, excluding
the Falls Lake Watershed, in accordance with 15A NCA 02B .0295 (f) and (g).
E. Nutrient Offset Credits generated on these Bank Parcels will be used to offset nitrogen nutrient
loads within the 8-digit HUC 03020201 in the Neuse River Basin, excluding the Falls Lake
Watershed, in accordance with 15A NCA 02B .0703.
Available Riparian Buffer Credits (credits that have been released by DWR but not sold by the
Sponsor) that are generated from riparian restoration on agricultural land and meet criteria for
nutrient offset credits as outlined in Section VII of this Instrument, the Site Viability Letter and the
corresponding Plan may can be converted from Riparian Buffer Credits into Nutrient Offset
Credits. The Sponsor shall submit a formal written request to DWR to convert a Riparian Buffer
Credit into a Nutrient Offset Credit and receive written approval from DWR prior to adding or
removing credits from the credit ledgers. Once a credit has been converted to another credit type,
the transaction is permanent, and the credit cannot be converted again.
G. Available Nutrient Offset Credits (credits that have been released by DWR but not sold by the
Sponsor) that are generated from riparian restoration within 0-100' from tops of stream banks
and meet criteria for riparian buffer credits as outlined in Section VII of this Instrument, the Site
Viability Letter, 15A NCAC 02B .0295 and the corresponding Plan can be converted from Nutrient
Offset Credits to Riparian Buffer Credits. The Sponsor shall submit a formal written request to
DWR to convert a Nutrient Offset Credit into a Riparian Buffer Credit and receive written approval
from DWR prior to adding or removing credits from the credit ledgers. upon written approval from
011.

DWR. Once a credit has been converted to another credit type, the transaction is permanent, and
the credit cannot be converted again.
H. Available term Nutrient Offset Credits (credits that have been released by DWR but not sold by
the Sponsor) can be transferred to a permanent nutrient offset credit upon submitting a request
and receiving written approval from DWR. The Sponsor can formally request DWR to transfer a
term credit/s to a permanent credit/s only upon receiving a written verification of permanent
nutrient offset need per Item G above. Per 15A NCAC 02B .0703 (d)(8), "Other nutrient offset
credits... shall be considered term credits and may be transferred between term and permanent
ledgers at a ratio of 30 years of term nutrient offset credit to one permanent nutrient offset
credit". Therefore, the following procedures will be used for any requests to transfer a pound of
term nitrogen offset credit into a permanent nitrogen offset credit from any Bank Parcel under
this Instrument:
1. A term credit will be provided in the units "pounds" or "Ibs"
2. A permanent credit will be provided in the units "pounds per year" or "lb/yr"
3. Permanent credits sold by the Sponsor will be debited as term credits on all ledgers.
4. Permanent credits sold by the Sponsor will be depicted on a Mitigation Credit Transfer
Certificate in both term credit units and permanent credit units. DWR will provide the
Sponsor with a specific Mitigation Credit Transfer Certificate for documenting debits of
permanent credits. This will be the formal documentation noting DWR approval to
transfer a term credit from the Bank Parcel ledger to a permanent credit.
5. 30 Ibs of term Nitrogen nutrient offset credits from the ledger is equivalent to 1 Ib/yr
permanent nutrient offset credit.
6. Once a credit has been transferred to another credit type, the transaction is complete,
and the credit cannot be transferred again.
I. Credit conversions must be calculated using the guidance provided in the Clarified Procedures for
Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR, see
reference #5. An audit of credit sales on the applicable credit ledger may be required to be
conducted to verify credit balances prior to approving requests for credit conversions.
J. The Sponsor shall obtain written verification of nutrient offset need from a designated local
government within the 03020201 HUC of the Neuse River Basin, outside of the Falls Lake
Watershed, or from DWR through an approved NPDES permit for wastewater nutrient sources
prior to debiting Nutrient Offset Credits from the Bank Parcels.
K. The Sponsor shall obtain written verification of buffer mitigation required from a designated
local government within the 03020201 HUC of the Neuse River Basin, outside of the Falls Lake
Watershed, or from DWR prior to debiting Riparian Buffer Credits from the Bank Parcels.
L. All credit and debit transactions for each Bank Parcel under this Instrument shall be accurately
depicted in the credit ledgers. The Sponsor shall submit accurate and up-to-date credit ledgers
17

for the Bank Parcel by the tenth (10`") of each month. At a minimum and only upon request,
DWR shall receive a hard copy of updated credit ledgers along with the corresponding
Mitigation Credit Transfer Certificates ("Certificate") and all corresponding letters from the
designated local governments 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.
Mitigation Credit Transfer Certificates
M. All credit sales will include a Mitigation Credit Transfer Certificate ("Certificate") that is required
to be provided to the buyer of Riparian Buffer and/or Nutrient Offset credits, that will include, at
a minimum, the following information:
1. Bank Parcel Details: (1) Sponsor Name, (2) Bank Parcel name as it appears in Table 1.0,
and (3) DWR project number for the Plan as it appears in Table 1.0.
2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, (3) amount of
buffer credits in (sf) and/or nitrogen Nutrient Offset Credits purchased in pounds (lb) or
pounds per year (lb/yr) and confirmation from the designated local government or DWR
of the amount required.
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, (5 — when applicable) designated local
government or DWR requiring Riparian Buffer or Nutrient Offset Credits, and (6) credit
type and the amount required for the project.
N. If the DWR determines that the Bank Parcel is operating at a deficit (e.g. the Sponsor is closing
on sales and/or transferring credit that is not available), or the Bank Parcel 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. BANK PARCEL CLOSURE
A. Bank Parcel Closure for each Bank Parcel under this Instrument shall be identified as the event
when the Sponsor is relieved of all of its responsibilities to the Bank Parcel, and there are no
Riparian Buffer Credits or Nutrient Offset Credits left to sell.
B. Bank Parcel Closure shall commence only after all of the following events have occurred:
1. Transfer or assign the conservation easement and all its interests, in perpetuity, to a
land trust or stewardship program as described in Item B of Section V of this Instrument.
2. All five years of monitoring were completed, and all monitoring reports were submitted
and approved by DWR.
0FV

3. All credits have been released and debited, and updated ledgers showing a zero -credit
balance have been submitted and approved by DWR.
O. DWR will issue a formal written letter to the Sponsor acknowledging Bank Parcel Closure. Once
this letter is issued, the Sponsor is no longer bound under any regulations noted under this
Instrument, the approved Plan or the approved As -Built Report for that specific Bank Parcel.
XI. GENERAL PROVISIONS
A. Upon the presentation of proper credentials and during normal business hours, the Sponsor and
the landowner shall grant permission to the Director of DWR and/or an authorized
representative of the Director of DWR to enter the property containing the Bank Parcel(s).
B. Amendments: This 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.
D. Force Majeure: After 100% of all the credits have been released according to the credit release
schedule in Section VIII and confirmation has been received by the DWR that the Conservation
Easement has been successfully assigned in compliance with Item H of Section V, the Sponsor
will not be responsible for Bank Parcels failure that is attributed to natural catastrophes
including but not limited to flood, drought, disease, regional pest infestation, etc. that are
beyond the control of the Sponsor.
E. However, if an event occurs before 100% of all the credits have been released according to the
credit release schedule in Section VIII, the Sponsor shall take remedial action to restore the
property to its condition prior to the event in a manner sufficient to provide adequate offset and
mitigation 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.
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 Site Viability Letter,
3. Plan 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,
fib:]

5. Monitoring Report review and approval of items listed in Section VI of this Instrument,
6. Credit Ledger review and approval of items listed in Section IX of this Instrument,
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.
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 the 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 is subject to review as provided in Articles 3 and 4 of G.S.
150B.
J. This Agreement shall be binding upon the parties and is entered into knowingly, intelligently,
and voluntarily.
K. Notices: All notices and other communications 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 electronic mail, 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.
If to Sponsor: Terra 2023, LLC
Attn: Michael Beinenson
117 Centrewest Court
Cary, NC 27513
[e-mail]
If to DWR: NC Division of Water Resources — 401 & Buffer Permitting Branch
Attn: Nutrient Offset and Buffer Mitigation Banking Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
20

L. Applicable Law: This Agreement shall be construed under the laws of the State of North
Carolina.
TERRA 2023, LLC
By: Michael Beinenson
(Print)
(Signature)
Title: President
Date: 10/03/2024
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY- DIVISION OF WATER RESOURCES
By:
(Print)
(Signature)
Title:
Date:
21

Nutrient Offset Program & Buffer Mitigation Program Updated
Authorities for Terra 2023, LLC October 81 2024
ATTACHMENT A
Authorities pertaining to the Terra Neuse 01 Umbrella Mitigation Banking Instrument
All Basins
General Statutes:
G.S. § 143-214.11 Ecosystem Enhancement Program
G.S. § 143-214.26 Nutrient Offset Credits
G.S. § 143-214.20-24 Riparian Buffer Protection Program
G.S. § 143-214.7 Stormwater runoff rules and programs
G.S. § 143-215.8B 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
15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers
Neuse River Basin Buffer and Neuse Nutrient Strategy
Session Laws
S.L. 2011-394
S.L. 1998-221 (Part I)
S.L. 1995-572
Administrative Rules:
15A NCAC 02B .0610 Managing Activities within Riparian Buffers: Definitions
15A NCAC 02B .0611 Managing Activities within Riparian Buffers: Authorization Certificates
15A NCAC 02B .0612 Managing Activities within Riparian Buffers: Forest Harvesting Requirements
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
15A NCAC 02B .0714 Protection and Maintenance of Existing Riparian Buffers
15A NCAC 02B .0715 Delegation of Authority for the Protection and Maintenance of Existing Riparian Buffers

*Credits shown below are only for mitigation credits approved by the UMBI, Plan, and As -Built.
Terra 2023, LLC—Terra Neuse 01 Umbrella Mitigation Banking Instrument
Project Name (HUC03020201) Buffer Credit Ledger
Date Last Updated: 10/03/2024
DWR Bank Parcel Project #:
Total Credits Released To Date: 0 sgft
Sale/
Release
Date
Purchaser or%Credit Release
Project w/ HUC #
Credits
Released/Avail able to
Bank(squarefeet)
Credits Debited/Sold
From Bank (square feet)
Buffer Credit Balance
(square feet)
Gov't Requiring

*Credits shown below are only for mitigation credits approved by the UMBI, Plan and As -Built.
Terra 2023, LLC-Terra Neuse 01 Umbrella Mitigation Banking Instrument
(Parcel Name w/ HUC #) Nitrogen Credit Ledger Date Last Updated:
DWR Bank Parcel Project #:
Total Credits Released To Date:
Sale/
Release Date
Purchaser or % Credit
Release
Project w/HUC #
Credits Released/Available to
Bank
Credits Debited/Sold From
Bank
Nutrient Credit Balance
Gov't
Requiring
Pounds of
Nitrogen
Square Feet
Pounds of
Nitrogen
Square Feet
Pounds of
Phosphorus
Square Feet

Table 1. [INSERT PROJECT NAME], [INSERT PROJECT NUMBER], Project Credits
Neuse 03020201- Outside Falls Lake
Project Area
N Credit Conversion Ratio (ft2/pound)
P Credit Conversion Ratio (ft2/pound)
19.16394
N/A
Credit Type
Location
Subject? (enter
NO if
ephemeral or
ditch')
Feature Type
Mitigation Activity
Min -Max Buffer
Width (ft)
Feature Name
i
Total Area (ft)
Total (Creditable)
Area of Buffer
i
Mitigation (ft)
Initial Credit
Ratio (x:l)
%Full Credit
Final Credit
Ratio (x:l)
Convertible to
Riparian
Buffer?
Riparian Buffer
Credits
Convertible to
Nutrient Offset?
Delivered
Nutrient Offset:
N (Ibs)
Delivered
Nutrient
Offset: P (Ibs)
Totals (ft2):
Total Buffer (ft2):
Total Nutrient Offset (ft2):
0
0
0.000 0.000 0.000
0
0
0
N/A
Enter Preservation Credits Below
Total Ephemeral Area (ft) for Credit:
Total Eligible Ephemeral Area (ft):
Total Eligible for Preservation (ft):
Credit Type Location Subject? Feature Type Mitigation Activity Min -Max Buffer Feature Name
Width (ft)
Preservation Area Subtotals (ft):
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
Credits
Restoration:
0
0.000
Enhancement:
0
0.000
Preservation:
0
0.000
Total Riparian Buffer:
0
0.000
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
I Square Feet
Credits
Nutrient Offset:
Nitrogen:
0
0.000
Phosphorus:
0.000
1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a).
0
0
0
0.0%
0
0.0%
Total Area (sf)
Total (Creditable)
Area for Buffer
Mitigation (ft)
0
0
Ephemeral Reaches as %TABM
Preservation as %TABM
Initial Credit Final Credit Riparian
Ratio (x:l) Full Credit Ratio (x:l) I Buffer Credits
last updated 08/03/2020