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HomeMy WebLinkAbout20150636 Ver 1_Credit Release (Ph I & II) Task 3_20170324Water Resources ENVIRONMENTAL QUALITY March 24, 2017 Mike Hermann Watershed Investments NC, LLC 1630 Weatherford Circle Raleigh, NC 27604 Re: Neville Farms Mitigation Bank Instrument (MBI) Neville Farms Phase I Bank Parcel Credit Release — Task 3 Dear Mr. Hermann: ROY COOPER Governor MICHAEL S. REGAN Sect e/mv S. JAY ZIMMERMAN Director DWQ Project #: 2015-0636 Orange County On March 10, 2017 the Division of Water Resources (DWR) received an As -Built Report from Watershed Investments NC, LLC (WINC) for Phase I and Phase II of the Neville Farms Mitigation Site. On March 16, 2017, Katie Merritt with DWR, requested clarifications and edits to the report. On March 21, 2017, DWR received a revised As -Built report with all of the recommended clarifications and edits. According to the As -Built survey submitted with the As -Built Report, there are slight adjustments in the total amounts of Buffer Mitigation credits and Nitrogen and Phosphorus Nutrient Offset credits as compared to the Bank Parcel Development Package. The subject site has generated 0.40 acres (1,742.4 ft2) of buffer preservation credits, 3.74 acres (7,220.59 lbs) of Nitrogen nutrient offset credits and 3.74 acres (424.90 lbs) of Phosphorus nutrient offset credits. The credits being released have been modified to reflect any changes to the creditable acreage as proposed in the BPDP. On June 27, 2016, DWR received a performance bond (#CEO 1492400035) to cover performance obligations for the construction of Phase 1 and Phase II of the Neville Farm Mitigation Site. This bond expires upon approval of the As -Built Report for Phase 1 & Phase II of the Neville Farms Mitigation Site. By copy of this letter, the performance obligations to construct the subject site have been met and DWR is releasing WINC from its financial assurance obligations with regards to the performance bond (#CEO 1492400035) with Philadelphia Indemnity Insurance Company. On February 27, 2017, DWR received a performance bond (#CE00155800021) issued to WINC to cover monitoring and maintenance for Phase I and Phase II of the Neville Farms Mitigation Site. The term of this bond applies from February 21, 2017 until February 21, 2018. Therefore, WINC is required to renew the performance bond prior to February 21, 2018. Future credit releases will be dependent on both the renewal of this performance bond and the annual monitoring reports According to the MBI signed on January 7, 2016, the following Project Milestones for Phase I have been met, and the corresponding credits shall be released: State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Task/Milestones Neville Farms Phase I Task 3 Release March 24, 2017 Credit 3) Monitoring Financial Assurance Posted and Approval of 10% As -Built Report TOTAL: 10% By copy of this correspondence, DWR confirms that you have satisfied the above requirements for the above -referenced tract. Therefore, 10% of your Jordan Lake riparian buffer Preservation credits (0.10 x 1,742.4 ft2 = 174.24 ft2) minus 383.32 ft2 results in 209.08 ft2 of buffer Preservation credits that must be deducted from your available credits. No buffer credits are being released with this letter, and you must update your credit ledger accordingly. In addition, 10% of your generated nitrogen nutrient offset credits (0.10 x 8,113.03 lb -N = 811.30 lb -N) plus 34.71 lbs -N yields 846.01 lbs -N available for sale. Additionally, 10% of your generated phosphorus credits (0.10 x 537.85 lb -P = 53.79 lb -P) plus 2.3 lbs -P yields 56.09 lbs -P that are now available for sale. Generated credits are credits that have not been applied to the appropriate delivery factor. The delivery factors applied to this bank due to its location in the 14 -digit HUC 03030002060070 are 89% for nitrogen and 79% for phosphorous. Therefore, the total amounts of nutrient offset credits for this site after application of delivery factors are 7,220.59 lb -N delivered and 424.901b -P delivered. By copy of this correspondence, 10% of your delivered nitrogen offset credits (0.10 x 7,220.591b -N = 722.061b -N) plus 30.881bs-N yields 752.941bs-N available for sale. Additionally, 10% of your delivered phosphorus credits (0.10 x 424.90 lbs -P = 42.49 lbs -P) plus 1.82 lbs -P yields 44.31 lbs -P that are now available for sale. Please update your credit ledgers accordingly. Please note that only the delivered nutrient offset credits can be sold from this bank and must be used for authorized impacts in the Upper New Hope Sub -watershed. Additionally, the riparian buffer credits must be used for authorized impacts in the Upper New Hope Sub - watershed according to guidelines in the. Consolidated Buffer Mitigation Rule, 15A NCAC 02B .0295, which became effective on November 1, 2015. Buffer Preservation credits cannot be converted into nutrient offset credits. Please feel free to call Katie Merritt at (919) 807-6371 if you have any questions regarding this correspondence. KAH/kym cc: File Copy (Katie Merritt) Sincerely, 4tvf� at4lt'- Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 212 Water Resources ENVIRONMENTAL QUALITY March 24, 2017 Mike Hermann Watershed Investments NC, LLC 1630 Weatherford Circle Raleigh, NC 27604 Re: Neville Farms Mitigation Bank Instrument (MBI) Neville Farms Phase II Bank Parcel Credit Release — Task 3 Dear Mr. Hermann: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWQ Project #: 2015-0636 Orange County On March 10, 2017 the Division of Water Resources (DWR) received an As -Built Report from Watershed Investments NC, LLC (WINC) for Phase I and Phase II of the Neville Farms Mitigation Site. On March 16, 2017, Katie Merritt with DWR, requested clarifications and edits to the report. On March 21, 2017, DWR received a revised As -Built report with all of the recommended clarifications and edits. According to the As -Built survey submitted with the As -Built Report, there are slight adjustments in the total amounts of Buffer Mitigation credits and Nitrogen and Phosphorus Nutrient Offset credits as compared to the Bank Parcel Development Package. The subject site has generated 1.30 acres (55,321.20 W) of buffer restoration credits and 0.54 acres (2,330.50 ft2) of buffer preservation credits. The credits being released have been modified to reflect any changes to the creditable acreage as proposed in the BPDP. On June 27, 2016, DWR received a performance bond (#CEO 1492400035) to cover performance obligations for the construction of Phase 1 and Phase II of the Neville Farm Mitigation Site. This bond expires upon approval of the As -Built Report for Phase 1 & Phase II of the Neville Farms Mitigation Site. By copy of this letter, the performance obligations to construct the subject site have been met and DWR is releasing WINC from its financial assurance obligations with regards to the performance bond (#CE01492400035) with Philadelphia Indemnity Insurance Company. On February 27, 2017, DWR received a performance bond (#CE00155800021) issued to WINC to cover monitoring and maintenance for Phase I and Phase II of the Neville Farms Mitigation Site. The term of this bond applies from February 21, 2017 until February 21, 2018. Therefore, WINC is required to renew the performance bond prior to February 21, 2018. Future credit releases will be dependent on both the renewal of this performance bond and the annual monitoring reports According to the MBI signed on January 7, 2016, the following Project Milestones for Phase II have been met, and the corresponding credits shall be released: State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Task/Milestones Neville Farms Phase II Task 3 Release March 24, 2017 Credit 3) Monitoring Financial Assurance Posted and Approval of 10% As -Built Report TOTAL: 10% By copy of this correspondence, DWR confirms that you have satisfied the above requirements for the above -referenced tract. Therefore, 10% of your Jordan Lake riparian buffer Preservation credits (0.10 x 2,330.50 ft2 = 233.05 ft2) minus 182.92 ft2 yields 50.13 ft2 are now available for sale. Additionally, 10% of your Jordan Lake riparian buffer Restoration credits (0.10 x 55,321.20 ft2 = 5,532.12 ft2) plus 1,568.16 ft2 yields 7,100.28 ft2 are now available for sale The riparian buffer Preservation and Restoration credits must be used for authorized impacts in the Upper New Hope Sub -watershed according to guidelines in the Consolidated Buffer Mitigation Rule, 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. KAH/kym cc: File Copy (Katie Merritt) Sincerely, A n� Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 212