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HomeMy WebLinkAbout20160130 Ver 1_Credit Release Task 3_20170601Water Resources ENVIRONMENTAL QUALITY June 1, 2017 John Hutton Wildlands Holdings II, LLC 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 ROY COOPER cafe.., MICHAEL S. REGAN Searetap S. JAY ZIMMERMAN Director DWR Project #: 2016-0130 Re: North Fork Little River Mitigation Banking Instrument (MBI) North Fork Little River Nutrient Offset & Buffer Bank Credit Release— Task 3 Dear Mr. Hutton: Durham County On April 24, 2017, the Division of Water Resources (DWR) received an As -Built Report from Wildlands Engineering, Inc. on behalf of Wildlands Holdings II, LLC (WEI) for the subject site. On May 24, 2017, DWR notified WEI that the As -Built report was approved. According to the As -Built survey submitted with the As -Built Report, there are slight adjustments in the total amounts of Nitrogen and Phosphorus Nutrient Offset credits as compared to the Bank Parcel Development Package. The subject site has generated 13.9 acres (6051484 ftz) of buffer restoration credits, and 18.31 acres (41,619 lbs-Nitrogeh and 2,680.58 lbs -Phosphorus) of nutrient offset credits. The credits being released have been modified to reflect, any changes to the creditable acreage as proposed in the BPDP. On May 25, 2016, DWR received a performance bond (#106405076) to cover performance obligations for the construction of the subject site. This bond expires upon approval of the As -Built Report for the subject site. As of May 24, 2017, the performance obligations to construct the subject site have been met and DWR released WEI from its financial assurance obligations with regards to the performance bond (#106405076) with Travelers Casualty and Surety Company of America. On May 30, 2017, DWR received a performance bond (#106608502) issued to WEI to cover monitoring and maintenance at the subject site. The term of this bond applies from May 24, 2017 until approval by DWR of the Year 1 Monitoring Report. Therefore, WEI is required to renew the performance bond upon notification of approval of the Year 1 Monitoring Report. 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 April 19, 2016, the following Project Milestones 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, Noah Carolina 27699-1617 919 807 6300 Task/Milestones North Fork Little River Wildlands Holdings II, LLC June 1, 2017 Credit 3) Monitoring Financial Assurance Posted & Approval of As -Built Report 10% By copy of this correspondence, DWR confirms that you have fully satisfied the above requirements for the above -referenced tract and 10% of your Neuse riparian buffer credits (0.10 x 605,484 fe = 60,548.4 fe) are now available for sale. Additionally, 10% of your Nitrogen nutrient offset credits (0.10 x 41,619 lb -N = 4,161.9 lb -N) minus 81.82 lbs -N results in 4,080.08 lbs -N that are now available for sale. Additionally, 10% of your Phosphorous nutrient offset credits (0.10 x 2,680.58 lb -P = 268.061b -P) minus 5.171bs-P results in 262.89 lbs -P that are now available for sale. Please note that nutrient offset credits generated at this site must be used for impacts in HUC 03020201 of the Upper and Lower Falls Watersheds as defined in 15A NCAC 02B.0276 within the Neuse River Basin. Additionally, the riparian buffer credits must be used for impacts in the Neuse River Basin according to guidelines in the new Temporary 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. Sincerely, J4� , Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc:File Copy (Katie Merritt) Robert Bugg — Wildlands Holdings II, LLC (via electronic mail; rbugg_Awildlandseng com ) Page 2 12