20160393 Ver 1_Task 1 Release_20170420

Water Resources
ENVIRONMENTAL QUALITY
April 20, 2017
Daniel Ingram
EBX-EM, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
ROY COOPER
Goren;: ,
MICHAEL S. REGAN
S. JAY ZIMMERMAN
Direc7or
DWR Project #: 2016-0393
Orange County
Re: Cape Fear Umbrella Banking Instrument (UMBI)
Maple View Nutrient Offset Bank Credit Release— Task 1 (partial), 6
Dear Mr. Ingram,
On November 28, 2016, the Division of Water Resources (DWR) approved a Bank Parcel
Development Package (BPDP) for the above -referenced site under the terms and conditions of the
EBX-EM, LLC (EBX) Cape Fear Riparian Buffer and Nutrient Umbrella Banking Instrument
(UMBI).
On April 10, 2017, Ms. Merritt, with assistance from representatives with Resource Environmental
Solutions, LLC (RES), inspected the subject site to verify that the site had been constructed in its
entirety and that monitoring plots had been installed in accordance with the approved BPDP. Ms.
Merritt's observations from the site visit are detailed below:
Most of the site was planted in compliance with the approved Bank Parcel Development
package. A narrow linear path (see map attached) was not planted along a portion of the
project site.
All monitoring plots were installed with stems flagged;
Per Ms. Merritt's request, RES enumerated the square footage of riparian areas that were not planted
in accordance with the BPDP and determined the total to be approximately 0.23 acres. A map of the
unplanted areas is attached to this letter for reference. DWR is issuing a 35% credit release instead
of a 40% credit release with the contingency that the remaining 5% credit release will be issued when
DWR has confirmed that the areas voided of planted stems have been planted in accordance with the
approved BPDP.
On April 4, 2017, DWR received a signed and recorded conservation easement and plat for the
subject site with Triangle Land Conservancy as the Grantee and long-term steward. Additionally, on
April 19, 2017, DWR received a performance bond (#2254242) from EBX to cover monitoring and
maintenance at the subject site. This bond is with North American Specialty Insurance Company and
expires on April 16, 2018. Therefore, EBX is required to renew the performance bond prior to April
16, 2018. Future credit releases will be dependent on both the renewal of this performance bond and
the approval of annual monitoring reports.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Maple View Bank Parcel
EBX-EM, LLC
April 20, 2017
In accordance with both the UMBI signed on October 9, 2009 and modified on February 17, 2014
and the approved BPDP, the following Project Milestones have been partially met, and the
corresponding credits shall be released:
Task/Milestones
Credit
1) Modified BPDP Approved by DWR, Conservation Easement Approved 35%
by DWR Recorded, Mitigation Site Earthwork completed, Planting
and Installation of Monitoring Devices Partially Completed,
Monitoring Financial Assurance Posted
6) Item J (2a) of Section VI in the UMBI (transfer and assign the easement 5%
to stewardship) has been completed and approved by DWR
TOTAL: 40%
By copy of this correspondence, DWR confirms that you have partially satisfied the above
requirements for the above -referenced tract. Therefore, 40% of your generated nitrogen nutrient
offset credits (0.40 x 9,848.44 lb -N = 3,939.38 lb -N) are available for sale. Additionally, 40% of
your generated phosphorus credits (0.40 x 652.90 lb -P = 261.16 lb -P) 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 71 % for phosphorous. Therefore, the total amounts of nutrient offset credits
for this site after application of delivery factors are 8,765 lb -N delivered and 463 lb -P delivered. By
copy of this correspondence, 40% of your delivered nitrogen offset credits (0.40 x 8,765 lb -N =
3,506 lb -N) are now available for sale. Additionally, 40% of your delivered phosphorus credits
(0.40 x 463 lbs -P = 185.2 lbs -P) are now available for sale.
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.
Please use the Credit Ledger Templates provided on our website at:
http://portal.ncdenr.org/web/wq/nutrientbuffertemplates to track and report credit availability for the
Maple View Mitigation Bank. Upon receiving this correspondence, please submit two credit ledgers
to DWR by May 10, 2017, reflecting the available credits released for each mitigation type.
P �sTe 2 1 )

Maple View Bank Parcel
EBX-EM, LLC
April 20, 2017
Please feel free to call Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/km
cc:File Copy (Katie Merritt)
Cara Conder — RES (via electronic mail)
Page 313