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HomeMy WebLinkAbout20080511 Ver 3_Credit release Task 5_20161206Water Resources ENVIRONMENTAL QUALITY December 6, 2016 Mr. Bobby Ham Greene Environmental Services, LLC 90 Ham Produce Road Snow Hill, NC 28580 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWQ Project #: 2008-0511v3 Lenoir County Re: Neuse River Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument (LIMBI) La Grange Phase II Bank Credit Release — Task 5 Dear Mr. Ham: On November 15, 2016, the Division of Water Resources (DWR) received a Year 2 Monitoring Report for the LaGrange Phase II Bank Parcel from Greene Environmental Services, LLC (GES). Overall, site conditions are good and vegetation data results show stem densities higher than the required 320 stems/acre. Additionally, no encroachment within the easement boundaries was noted in the report. On December 5, 2016, DWR received an amendment to Letter of Credit (LOC) #S B94188 issued to GES in the amount of $80,000 to cover monitoring and maintenance at the subject site. This LOC expires on December 22, 2017. Therefore, GES is required to renew the LOC prior to December 22, 2017 and is required to renew the LOC annually for at least 4 more years. Future credit releases will be dependent on both the renewal of this LOC and the annual monitoring reports. According to the UMBI signed on October 3, 2008, the following Project Milestones have been met, and the corresponding credits shall be released Task/Milestones 5) Submit Monitoring Report #2 (& Submittal of financial assurance) Credit 10% By copy of this correspondence, DWR confirms that you have satisfied the above requirements for the above -referenced tract and 10% of your Neuse riparian buffer credits (0.1 x 22,620.63 ft2 = 2,262.06 ft2) are now available for sale. Also, 10% of your nitrogen nutrient offset credits (0.1 x 6,750.87 lb -N = 675.09 lb -N) are now available for sale. State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807 6300 LaGrange Phase 11 (GES) December 6, 2016 Page 2 of 2 Please note that nutrient offset credits generated at this site must be used for impacts in HUC 03020202 of the Neuse River Basin and that Neuse riparian buffer credits must be used for impacts in the Neuse River Basin according to guidelines in 15A NCAC 02B.0295, which became effective on November 1, 2015. Please feel free to call Katie Merritt at (919) 807-6371 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/km cc: File Copy (Katie Merritt) Jeff Becker - Greene Environmental Services, LLC (via electronic mail) First - Citizens Bank December 2, 2016 North Carolina Department of Environment and Natural Resources Division of Water Quality Wetlands & Stormwater Branch 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Our Irrevocable Stand-by Letter of Credit Number SB94188 For the Account of Greene Environmental Services, LLC Amount: $100,000.00 Amendment Number 3 Ladies and Gentlemen: We hereby amend our Irrevocable Standby Letter of Credit SB94188 your favor as follows: - Expiration date now reads December 22, 2017. - Letter of credit amount is decreased by $20,000.00 for a new available amount of $80,000.00 (eighty thousand and no/100 United States dollars) effective with the new term. - Beneficiary's name now reads: North Carolina Department of Environmental Quality, Division of Water Resources This amendment is to be considered a part of Irrevocable Standby Letter of Credit Number SB94188 and must be attached thereto. All other terms and conditions remain the same. Please indicate your consent to this amendment by signing and dating the attached copy where indicated and returning it to us in the envelope provided. Sincerely, Authorized Signature We hereby consent to amendment number 3 to letter of credit number S1394188. Authori>ed Signature Date North Carolina Departmen Environmental Quality First -Citizens Bank & Trust Company, International Banking Services - DAC44, 100 East Tryon Road, Raleigh, NC 27603 USA SWIFT: FCBTUS33, Telephone 919.716.2887, Telefacsimile 919.772.1037