20160393 Ver 1_Credit Release Task 4 partial_20181012

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Brad Breslow
EBX-EM, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
NORTH CAROLINA
Environmental Quality
October 12, 2018
DWR Project #: 2016-0393
Orange County
Re: Cape Fear Umbrella Banking Instrument (LIMBI)
Maple View Farm Nutrient Offset Bank Credit Release- Task 4 (partial)
Dear Mr. Breslow:
On September 18, 2018, the Division of Water Resources (DWR) received a Year 2 Monitoring
Report from Resource Environmental Solutions, LLC (RES) on behalf of EBX-EM, LLC (EBX), for
the subject site. Overall, site conditions appear to look good and vegetation data results show
stem densities higher than the required 320 stems/acre throughout most of the site. However,
it was noted that encroachment within the conservation easement had occurred again. The
encroachment resulted in the mowing of planted trees in approximately 0.10 acres.
In response to the encroachment, RES addressed remedial efforts already taken as well as
proposed by the end of the year. A memo referencing a conversation with the landowner on
August 13, 2018 was provided in the report. Additionally, RES included a commitment to
implement supplemental plantings of 50 containerized trees in the areas that were mowed.
DWR supports the remediation efforts purposed by RES in the monitoring report with the
addition of installing roping, fencing or the like in order to provide more of a visual barrier
along the conservation easement boundary. Lastly, it should be noted that vegetation data
needs to be collected during the Fall of each year as agreed to in the approved Bank Parcel
Development Package.
On January 11, 2018, DWR received a continuation certificate for performance bond
(#2254242) issued to EBX to cover monitoring and maintenance at the subject site. This bond
expires on April 17, 2019. When DWR has received confirmation of renewal of the subject
bond for another year, the remainder 5% of this credit release will be issued.
In accordance with both the UMBI signed on October 9, 2009 and modified on February 17,
2014, along with the approved BPDP, the following Project Milestones have been partially met,
and the corresponding credits shall be released:
D_EQI
NORTH CAROUNA O
Dopmtn f Emlron-o pwi@,
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

Maple View
EBX
October 12, 2018
Task/Milestones Credit
4) Monitoring Report 2 Approved by the DWR (partial) 5%
TOTAL: 5%
By copy of this correspondence, DWR confirms that you have partially satisfied the above
requirements for the above -referenced tract. Therefore, 5% of your generated nitrogen
nutrient offset credits (0.05 x 9,848.44 lb -N = 492.42 lb -N) are available for sale. Additionally,
5% of your generated phosphorus credits (0.05 x 652.90 lb -P = 32.65 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 8,7651b -
N delivered and 463 lb -P delivered. By copy of this correspondence, 5% of your delivered
nitrogen offset credits (0.05 x 8,765 lb -N = 438.25 lb -N) are now available for sale.
Additionally, 5% of your delivered phosphorus credits (0.05 x 463 lbs -P = 23.15 lbs -P) are
now available for sale. Please update your 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.
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)
Pa ;e 212