20141149 Ver 9_Credit Release Task 1,2.3_Benton_20190129

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 29, 2019
DWR Project #: 2014-1149v9
George Howard Caswell County
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, NC 27604
Re: RS Haw River Subwatershed — Phase 1 Neuse Buffer & Nutrient Offset Umbrella
Mitigation Banking Instrument (LIMBI)
Benton Branch Bank Parcel Credit Release — Tasks 1(final), 2 & 3
Dear Mr. Howard:
On July 17, 2018, the Division of Water Resources (DWR) issued a partial credit release (35%) to
Restoration Systems, LLC (RS) for partial completion of task 1. It was noted in the letter that the
remainder 5% for completion of task 1 would be issued when DWR had received a performance
bond to cover monitoring and maintenance costs. On January 22, 2019, DWR received a
performance bond (#22BSBHT4273) in the amount of $100,000 issued to Restoration Systems, LLC
(RS) from Hartford Fire Insurance Company, to cover monitoring and maintenance at the subject
site. The term of this bond applies from January 15, 2019 through January 15, 2020 or until the
approval of the Year 2 Monitoring Report by DWR. Future credit releases will be dependent on
both the renewal of this performance bond and the annual monitoring reports.
On June 4, 2018, Katie Merritt with DWR received a draft As -Built Report from RS for the subject
site. After receiving multiple comments from Ms. Merritt, which included requests for corrections
and clarifications, RS submitted a corrected As -Built Report on December 4, 2018. As a result, the
total mitigation credits associated with riparian buffer Enhancement and Preservation credits
changed slightly from the As -Built Report submitted on June 4, 2018. The credits being released
have been modified to reflect any changes to the creditable acreage as proposed in the As -Built
Report.
On December 14, 2018, DWR received a Year 1 Monitoring Report for the subject site. With
exception of Plot #13, all other plots had desirable stems to meet the performance standard of 260
stems/acre. It was also noted in the report there are areas throughout the site that appeared to
have low stem density. Therefore, RS is proposing to provide supplemental plantings in the Spring
with the following species: River Birch, Persimmon, Green Ash, Black Cherry, White Oak and
American Elm. DWR approves the use of these stems for the supplemental planting. RS indicated
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617
919.707.9000

Benton Branch Site
Restoration Systems, LLC
January 29, 2019
that the Year 2 monitoring report would detail where the supplemental plantings were found to be
necessary.
In accordance with the UMBI and BPDP, signed on October 25, 2017 and approved on January 22,
2018 respectively, the following Project Milestones have been met and the corresponding credits
shall be released:
Task/Milestones
Credit
1) Instrument and BPDP Approved by DWR, Conservation Easement recorded, 5%
Mitigation Site Earthwork, Planting and Installation of Monitoring
Devices Completed, and Monitoring Financial Assurance Posted (final)
2) Approval of As -Built Report 10%
3) Monitoring Report #1: Approved by the DWR 10%
TOTAL: 25%
RS has satisfied the above requirements for the above -referenced tract. Therefore, 25% of your
Jordan Lake riparian buffer Restoration credits (0.25 x 455,056.93 ft2 = 113,764.23 ft2) and 25% of
your Jordan Lake riparian buffer Enhancement and Preservation credits (0.25 x 225,763.44 ft2 =
56,440.86 ft2) plus 482.33 ft2 yields a total of 56,923.19 ft2 that are now released.
Additionally, 25% of your generated nitrogen (N) offset credits (0.25 x 179.95 = 44.99 Ib -N) and
25% of your generated phosphorus (P) credits (0.25 x 11.5 = 2.88 lb -P) are now released.
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 03030002050050 are
25% for nitrogen and 8% for phosphorous. Therefore, the total amounts of delivered nutrient
offset credits for this site are 44.99 Ib -N and 0.92 Ib -P. By copy of this correspondence, 25% of your
delivered nitrogen offset credits (0.25 x 44.99 Ib -N = 11.25 Ib -N) and 25% of your delivered
phosphorus credits (0.25 x 0.92 = 0.23 Ib -P) are now available for sale.
Please note that only the delivered nutrient offset credits can be sold from this bank and used for
impacts in the Haw River Arm of Jordan Lake within the Cape Fear River Basin. Additionally,
riparian buffer credits can only be used to offset impacts located in the Haw River Sub Watershed
of Jordan Lake according to 15A NCAC 02B.0295, which became effective on November 1, 2015.
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Benton Branch Site
Restoration Systems, LLC
January 29, 2019
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
KAHAm
cc:File Copy (Katie Merritt)
Tiffani Bylow & Raymond Holz— Restoration Systems (via electronic mail)
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